UNITED NATIONS SOURCE DOCUMENTS ON THE THIRD U.N. LAW OF THE SEA CONFERENCE: CARACAS '74 (LOS-3)

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• Document Number (FOIA) /ESDN (CREST): CIA-RDP82S00697R000900050001-5
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• Document Page Count: 417
• Document Creation Date: December 9, 2016
• Document Release Date: March 26, 2001
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• Content Type: REPORT

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United Nations Source Documents on
The Third U.N. Law of the Sea Conference:
CARACAS '74 (LOS-3)
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United Nations Source Documents on
The Third U.N . Law of the Sea Conference
CARACAS 174 (LOS-3)
Compiled by the Editors
of
Ocean Science News
Nautilus Press, Inc.
1056 Natl. Press Bldg.
Washington, D.C. 20045
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Editor's Note.
The documents contained in this volume are in all cases reproductions of the originals
-- as delivered in Caracas the summer of 1974; made available in New York City by
the U.N.; or gathered together from various sources by the reporters and editors of
Ocean Science News.
No attempt has been made to edit the documents, merely to shorten them where the
repetition is obvious.
This volume Is a companion to United Nations Source Documents on Seabed Mining, also
published by Nautilus Press.
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TABLE OF CONTENTS
Page
I. General Introduction to the Law of the Sea Conference in Caracas in 1974
A. Background statement 3
B. The Rules of Procedure 18
C. List of Non-Governmental Organizations Having Consultative
Status with the Economic & Social Council 45
II. The Plenary Meeting
A. Provisional Summary Record of the Plenary Meeting 47
B. Proposal by Conference President on Organization of Work;
Progress Reports from Committees; Nine-Power Draft Articles 66
C. Conference President's July 16 Press Conference 69
D. The General Committee: Provisional Summary Record 72
HI. The Work of the First Committee
(See companion volume: U. N. Source Documents on Seabed Mining.)
IV. The Work of the Second Committee
A. Organization of Work 78
B. Statement by the Chairman on Organization of Work (July 3) 80
C. it li ft It ?I IT " " (August 23) 81
D. Texts of Draft Articles
1. United Kingdom on the Territorial Sea & Straits 83
2. Denmark & Finland on 11 IT 11 ?I 94
3. Guyana on Coastal State Competence in Contiguous
Ocean Space 95
4. Oman on Navigation Through the Territorial Sea, including
Straits Used for International Navigation 96
5. Working Paper of Canada, Chile, Iceland, India, Indonesia,
Mauritius, Mexico, New Zealand & Norway 105
6. India on the Territorial Sea 111
7. Spain ', it 11 II 112
8. Bangladesh on the Territorial Sea.113
9. Turkey II II II It114
10. Ecuador v/ vt tt 116
11. Nigeria It 11 11 117
12. Fiji, Indonesia, Mauritius & the Philippines on
the Territorial Sea 118
13. Fiji on Passage Through the Territorial Sea 119
14. Bulgaria, German Democratic Republic, Poland &
the U.S.S.R. on the Territorial Sea 121
15. Austria, Belgium, Bolivia, Botswana, Byelorussia,
Czechoslovakia, Germany, Finland, Hungary, Laos,
Lesotho, Luxembourg, Mongolia, Netherlands, Paraguay,
Singapore, Swaziland, Sweden, Switzerland, Uganda,
Upper Volta & Zambia on the Territorial Sea 133
16. Jamaica on Rights of Developing Geographically Disadvan-
taged States Within a Territorial Sea Beyond 12 Miles 136
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17. Bulgaria, Czechoslovakia, German Democratic
Republic, Poland, Ukrainia & U.S.S.R. on
Straits Used for International Navigation 138
18. The Netherlands on Delimitation Between States with
Opposite or Adjacent Coasts 141
19. Romania on Delimitation of Marine & Ocean Space
Between Adjacent & Opposite Neighboring States 143
20. Algeria on Straits Used for International Navigation:
Semi-Enclosed Seas 145
21. Turkey on Delimitation Between States 147
22. Japan " lt 148
23. Dominican Republic on Straits & Waterways 149
24. The U.S. on the Economic Zone and the Continental Shelf 150
25. Nicaragua on the National Zone 162
26. Nigeria on the Exclusive Economic Zone 164
27. Greece on National Maritime Zones 168
28. Jamaica on Rights of Disadvantaged States within
the Economic Zone or Patrimonial Sea 175
29. Turkey on Delineation Between Adjacent & Opposite States 177
30. Byelorussia, Bulgaria, German D.R. , Poland, Ukrainia
& U.S.S.R. on the Economic Zone 178
31. El Salvador on the Exclusive Economic Zone 185
32. Bolivia & Paraguay on the Regional Economic Zone 186
33. Ghana, Ivory Coast, Kenya, Lesotho, Liberia, Libya,
Madagascar, Mali, Mauritania, Morocco, Senegal, &erre
Leone, Sudan, Swaziland, Tunisia, Cameroon & Tanzania
on the Exclusive Economic Zone 189
34. Greece on the Continental Shelf 192
35. Mexico " " 11 194
36. Belgium, Denmark, Germany, France, Ireland, Italy,
Luxembourg & the Netherlands on Fisheries 195
37. The U.S. on Living Resources 205
38. Australia & New ZeaIand on Highly Migratory Species 206
39. Denmark on Anadromous Species 209
40. Ireland on 1I 210
41. Japan on 211
42. Canada's Working Paper on Salmon 212
43. Fiji, Indonesia, Mauritius & the Philippines on
Archipelagic States 214
44. Bulgaria, German D. R. & Poland on Archipelagic States 218
45. Ecuador on Archipelagos 219
46. Thailand on 220
47. The Bahamas on " 221
48. Turkey on Enclosed & Semi-Enclosed Seas 222
49. Fiji, New Zealand, Tonga & Western Samoa on Islands 223
50. Greece on Islands 224
51. Turkey " " 225
52. Argentina, Bolivia, Brazil, Colombia, Costa Rica,
Dominican Republic, Ecuador, El Salvador, Guatamala,
Honduras, Mexico, Nicaragua, Panama & Uruguay on Islands 227
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53. Algeria, Dahomey, Guinea, Ivory Coast, Liberia,
Madagascar, Mali, Mauritius, Mauritania, Morocco,
Senegal, Tunisia, Upper Volta & Zambia on Islands
54. Indonesia on Historic Waters
55. Afghanistan, Bhutan, Bolivia, Botswana, Burundi,
Czechoslovakia, Hungary, Laos, Lesotho, Mali,
Mongolia, Nepal, Paraguay, Swaziland, Uganda,
Upper Volta & Zambia on Land-Locked States
228
230
231
V. The Work of the Third Committee
A. First Meeting of the Committee in Caracas 243
B. Texts of Draft Articles on the Marine Environment
1. Kenya on Preservation & P.Lotection of Marine Environment245
2. Greece on tf 11 tv 252
3. Israel on TT Tr tt ft 256
4. Canada, Fiji, Ghana, Guyana, Iceland, India, Iran,
New Zealand, Philippines & Spain on Preservation &
Protection of the Marine Environment 257
5. Germany on Vessel-Source Pollution 261
6. Liberia on the Marine Eiwironment 264
7. Norway on tr 265
C. Note by the Chairman on the Marine Environment 266
D. Results of Consideration of Proposals & Amendments Relating to
the Preservation of the Marine Environment 268
E. Report on Problems of Acquisition & Transfer of Marine Technology 273
F. Texts of Draft Articles on Development & Transfer of Technology
1. Nigeria 298
2. Brazil, Ecuador, Egypt, Iran, Mexico, Morocco,
Nigeria, Oman, Pakistan, Peru, Senegal, Somalia,
Sri Lanka, Trinidad & Tobago, Tunisia, Uruguay,
Venezuela .& Yugoslavia 300
G. Texts of Draft Articles on Marine Scientific Research
1. Trinidad & Tobago 303
2. Colombia 305
3. Austria, Belgium, Bolivia, Botswana, Denmark,
Germany, Laos, Lesotho, Liberia, Luxembourg,
Nepal, Netherlands, Paraguay, Singapore, Uganda,
Upper Volta & Zambia 308
H. Texts on Marine Scientific Research and Transfer of Technology
agreed upon in Informal Meetings 311
I. Note by the Chairman of the Informal Meetings 322
J. Draft Statement of Activities of the Third Committee 325
K. Third Committee Concludes Work 328
VI. The Conclusion of LOS-3
A. Recommendation for Next Session in Geneva 332
B. Report of the Credentials Committee 335
C. Concluding Press Release from Caracas 338
VII. Additional Material
A. The Ocean Manifesto 351
B. Statement of Maurice Strong 356
C. The U.S. Delegation & Statement by John R. Stevenson to Congress 358
D. Ocean Science News Coverage of Caracas 394
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UNITED NATIONS
Press Section
Office- of Public Information
United Nations, N.Y.
? (FOR USE-OF.IHFORMATON MEDIA- ,--, NOT AN OFFICIAL RECORD)
P-ess Release SEA/18
28 May 1974
?
THIRD UNITED NATIONS CORVERENCE ON LAW OF SEA
TO MEET AT CARACAS ,.20 JU:\ICE -29 AUGUST
Goal is to Adopt Comprehensive ConventionShOBPt Up.Machinerx
12-21.2414.1111.222MIZ.t1011tajtlIA54
'?
. Near_, 50'na ons have been invited to gathelinjune at'-Caracas in an
... ?
? ? ?
effort to Write a .new get Of .binding'internationsi? rues gOverning human
actiVitles in the tWO thirds Of the ea rea covered by oceans.
The Third United Nations Conferente'on the Law of the Sea, meeting in the
Venezuelan capital for 10 weeks from 20 June to 29 August, has been convened
by the United Nations General Assembly "to adopt a convention 'dealing with all
matters relating to the law of the Bea".
. .
. As. part of this task, the Conference will seek to create a body of rules
and an international machinery governing the area and resources of the vast
reaches ot *an bottom that lie beyond the jurisdiction of any State. ? The
aim 'Will be to write laws acceptable to all nations for the once impenetrable
ocean depthe that have been called the last frontier of man on earth -- a vast
storehoUse Of minerals and energy that humanity is quickly learning how to
exploit.
The subjects for the Conference were set out by the General Assembly
in 1970, in resolution 2750 C (K.XV). They are, in .the words of the resolution:
The establishment of an equitable international regime -- including
an international. machinery -7 for the area and the resources of the sea-bed and
the ocean floor, and the subsoil thereof, beyond the limits of-national-
jurisdiction;.
-- A precite definition of the area;
Abroad range of related issues including those concerning,:
The regimes of the high seas, the continental shelf, the
territorial sea (including the question of its breadth and the
question of international straits) and contiguous tone;
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Fishing and conservation of the living_resources-of.the high
seas (including the question of the preferential rights of
coastal States);
The preservation of the marine environment (including the
prevention of pollution);
Sodentifid researah.
In deciding last NoveMbir that the-mei-Oita di the tonference should be to
adopt a convention dealing,withellmatters relating to the law of the sea,.
the Assembly asked the dOnferehee to.tieWr.-in-dind"that,ths-problemsof ocean
space are ciceely interrelated add -need to be-bbnsidered as a whole".
Five years of preparatory work have gone into this Conference, beginning
with studies on an international regime for -the Sea-bee-and later expanding into
all of the other highly complex and interrelated aspects-of sea Isco -Hundreds
of draft treaty articles,- submitted by dozeni offitatesP hare been iitted--by a
preparatory body set up by the General Assembly in 1968-- the Committee on the
Peaceful Uses of the Sea-Bed and 'the Ocean Floor beyonethe Limits Of-National
Jurisdiction. ?
One of the main documents before the Conference'wlil be the six6vo1has,
10060-page report of the Sea-Bed Committee on its 13 weeks of meetings at New
York and Geneva last year. The report sets out the-Committee's attempts to
consolidate these proposals into draft articles mostly in 'several alternative
versions for each article -- on which the Conference can bas e its work.
. The. Conference held an organiTationaI-hestion it'United Nations Headquarters
frOm 3 to 15 December, at which it elected its Officer, decided col
committee structure and began discuasing its draft rules of procedure.-.H.-Shirley
Amerasinghe Lanka), who was Chairman of the Sea-Bed Committee from 1969
until it was diseolved last receMber, was unanimously elected President of the
Conference.
Moat of the substantive Wcrk of the Conference Isto be,carried on in three
maid committees of the entire membership. According to present Plans -which
await formal approval by the Conference, Candittee I will deal With the
international regime and machinery for the sea-bed? Committee Irwith other
aspects of the law of the sea, and Committee III with preservation of the marine
environment and scientific research.
(The officers of the Conference and its Committees -are aisted at the end
of this release.)
Foreseeing that still:more work might be needed after the Caracas session,
the Assembly decided it 'November, "if necessary, to convene not later than
1975 any subsequent session or sessions as may be decided upon .y the Conference
and approved by the General Assembly" Sesolution 3067 (=mil/. The
Government of Vienna, as noted in the Assembly resolution, has offered Vienna
as the site for the Conference in 1975..
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28 May 1974
Earlier Conferences on Sea Law
+??????*
The first United Nations Conference on the Law of the Sea met at Geneva
in 1958, with 86 States participating, and produced f.:4..- international
conventions. They cover the territorial sea and contiguous zone, the high
seas, fishing and conservation of the living resources of the high seas, and
the continental shelf. There is also an Optional Protocol of Signature
concerning the Compulsory Settlement of Disputes.
The Convention on the Territorial Sea and Contigyous Zonc provides that
the sovereignty of a State extends over its territorial sea. It includes
rules for determining the baseline from which the territorial sea is measured,
but does not specify the width of this zone. It also deals with the
jurisdiction of the coastal State over the zone contiguous to the territorial
sea. (46 States are parties; in force since 1964.)
The Convention on the High Seas provides for freedom of the high seas and
deals with specific problems, including the nationality of ships, piracy,
pollution and submarine cables. (54 parties; in force since 1962.)
The Convention on Fishing and Conservation of thallylEg_112psurces of
the High Seas contains a general obligation to adopt conservation m,asures
when necessary, supplemented by other specific Obligations. (35 parties;
in force since 1966.)
The Convention on the Continental Shelf gives coastal States exclusive
rights to exploitation of the mineral and other non-living resources of the
continental shelf, but specifies that those rights shall not affect the high
seas lying above the shelf. (53 parties; in force since 1964.)
The Optional Protocol of Signature concerning the Compulsory Settlement
of Disputes provides for resort to arbitration, conciliation or the
International Court of Justice to settle disputes over the interpretation of
any of the Conventions on the Law of the Sea. (34 parties; in force since 1962.)
A second Conference was called by the General Assembly in Geneva in 1960
to seek to resolve disagreements over the breadth of the territorial sea and
fishery limits. However, the 82 States represented were unable to adopt any
substantive proposal on these matters.
Sea-Bed Committees Established
It was not until 1967 that legal questions involving the sea were again
the subject of an Assembly resolution. At that time the Assembly created the
first Committee on the sea-bed, a 35-member ad hoe body which was replaced the
following year by the Committee that later became the preparatory body for the
Law of the Sea Confcrence. Originally consisting of 42 members, the second
Committee was twice enlarged until it became a 91-member body in 1971.
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One of the initial tasks of the Committee when it was set up under Assembly
resolution 2467 A (XXIII) of 1968 was to elaborate legal principles and norms
for international co-operation in the exploration and .use of the sea-bed and
ocean floor. The Committee devoted most of its first two years to this effort,
leading up to the adoption by the Assembly in 1970 of the Dealaration of
Principles Governing the Sea-Bed and the Ocean Floor, and the Subsoil Thereof,
beyond the Limits of National Jurisdiction (resolution 2749 (M)).
The Declaration, the first internationally agreed set of principles covering
this vast area of ocean space, begins with the principle that the international
area of the sea-bed and its resources "are the common heritage of Mankind" and
shall not be subject to appropriation by any means by States or persons":
(For further details of the Declaration, see the section on the sea-bed below.)
The Committee's discussions on the Declaration of Principles brought out
clearly that the issues of the law of the sea are closely intertwined -- that
It is impossible to consider one part of ocean space .without reference to the
other parts. Accordingly, at the same time that it adopted the Declaration the
Assembly decided that it would convene the Third United Nations Conference on
the Law of the Sea.
. Beginning in 1971, therefore, the Committee's work was broadened to:cover
all aspects of the law of the sea, focusing on preparations for the Conference.
It conducted much of its work in three sub-committees of the whole, with the
following mandates:
Sub-Committee T -- to prepare draft treaty articles embodying the
international regime, including an international machinery, for the area and
resources of the sea-bed beyond the limits of national jurisdiction.
Sub-Ccmmittee II --to-prepare a comprehensive list of sUbjects and issues
relating to the law of the sea and to prepare draft treaty articles thereon.
.11ib-Committee III -- to deal with the preservation of the marine environ-
ment (including the prevention of pollution) and scientific research, and to
prepare draft treaty articles thereon.
(This sub-committee structure provided the model followed by the Conference
In dividing its work among three main committees.)
The pattern of work followed by each.sUb-committee was roughly the same:
a general debate on the main issues, followed by the creation of working groups
which attempted to prepare draft treaty articles on the basis of proposals and
working papers submitted by delegations. Politicians, lawyers, enonomists,
technicians and scientists held no fewer than 469 formal meetings and countless
informal ones between 1970 and 1973, including 104 meetings of the (lommiti:ee,
204 meetings of the sub-committees and 161 meetings of working groups.
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List of.22t)ects and Issues
Before the treaty drafting work could begin in earnest, however, the
Committee had first to agree on a list of subjects and issues relating to
the law of the sea -- a kind of skeleton on which to hang the flesh of treaty
articles. This assignment, given to the Committee by the Assembly in 19700
took two years to accomplish -- another reflection of the complexity and
interrelatedness of the issues involved. The result was a list of 25 main
headings and a number of subheadings, drafted by Sub-Committee II and approved
by the Committee in 1972 (document A/8721, pages 5-8). The Assembly decided
last year that this list should be taken into account by the Conference when
it goes about its task of adopting a convention.
The 25 main headings follow, with an indication of the issues which the
Committee singled out under each one:
1. International re ime for the sea-bed and the ocean floor be ond
national jurisdiction: Six issues are listed under this heading: nature and
characteristics; structure, functions and powers of the international machinery;
economic implications; equitable sharing of benefits bearing in mind the
special interests and needs of the developing countries, whether coastal or
land-locked; definition and limits of the area; and its use exclusively for
peaceful purposes.
2. Territorial sea: The list identifies four main aspects for study
in regard to this area (the zone which is closest to the coast and subject
to the coastal State's sovereignty): nature and characteristics, including the
question of the unity or plurality of regimes in the territorial sea;
historic waters (those traditionally belonging to a particular State); limits;
innocent passage in the territorial sea; and freedom of navigation and over-
flight resulting from the question of plurality of regimes in the territorial
sea.
The issue of limits is further subdivided into two parts: first,
question of the delimitation of the territorial sea-andthe various aspects
Involved; and sedondi-breadth?Of the territorial Sea, whether global or
regional criteria should be used,,and the different issues, raised by open
seas and oceans, semi-enclosed seas and enclosed seas. ?
3. Contiguous zone: This was defined in the 1958 Convention on the
Territorial Sea and the Contiguous Zone as an area beyond the territorial sea
but no more than 12.miles from the coast. The list or subjects and issues
gives three subheadings: nature and characteristics; ]Limits; and rights of
coastal States with regard to national security, customs and fiscal control.
4. Straits used for interpati elasAriseon.l.tion: To be dealt with under
this heading pansage other related matters including
the question of the right of transit.
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5. Continental shelf: The 1958 Convention on. the Continental Shelf says
this term is used as referring "(a) to the sea-bei and *subsoil Of the submarine
areas adjacent to the coast but outside the area of ,the territorial sea, to a
depth of 200 metres or, beyond that limit, to where:the depth of the auperjacent
waters admits of the explotation of the natural resgurces of the said -areas:
(b) to the sea-bed and subsoil of similar submarine areas adjacent to the coasts
of ialands".
The list of subjects and issues cites five aspects of this topic: nature
and scope of the sovereign rights of coastal States over the continental shelf,
and duties of States; applicable criteria for the outer limit of the continental
shelf; question of the delimitation between States and various aspects involved;
natural resources of the continental shelf; and scientific research.
6. Exclusive economic zone beyond the territorial sea: This concept, also
referred to as wnatrimonial sealrby many Latin American States, is not mentioned
in the 1958 Law of the Sea Conventiona. Nine aspects are cited in the list of
subjects and issues: nature and characteristics, including rights and jurisdictior
of coastal States in relation to resources, pollution control and scientific
research in the zone, as well as duties of States; resources of the zone; freedom
of navigation and overflight; regional arrangements; applicable criteria for
limits; fisheries; sea-bed within national jurisdiction; prevention.and control
of pollution and other hazards to the marine environment, including rights and
responsibilities of coastal States; and scientific research.
The fisheries aspect is further broken down into exclusive fishery zone,
preferential rights of coastal States* management and conservation, protection
of coaatal States' fisheries in enclosed and semi-enclosed seas, and regime of
islands under foreign domination aii control in relation to zones of exclusive
? fishing jurisdiction. The subtonic of the sea-bed within national jurisdiction
is also subdivided -- into nature and characteristics, delineation between
adjacent and opposite States, sovereign rights over natural resources, and
applicable criteria for limits.
7, Coastal State Rreferential rights or other ndn-exclusive jurisdiction
over resources peyond the terlitorial set: Seven aspects of this topic 'are
recognized in the list of subjects and issues: nature, scope and characteristics;.
sea-bed resources; fisheries; prevention and control of pollution and other
hazards to the marine environment; international co-operation in the study and
rational exploitation of marine resources; settlement of disputes; and other
rights and obligations.
8. High seas: The brcad area of the sea beyond national jurisdiction is
to be looked at from six aspects, according to the list of subjects and issues:
nature and characteristics; rights and duties of States; question of the freedom
of the high seas and their regulation; management and conservation of living
reaources; elavery, piracy and drugs; and hot
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9. Land-locked countries: The list singles out four aspects of this topic:
general principles of the law of the ;3ea conerning the land-locked countries,
rights and interests of land-locked countries, pardcular interests and needs of
developing land-lecked countries in the international reg.:me for the sea-bed,
and rights and interests of land-locked countries in regard to living resources of
the sea.
Rights and interests of land-locked countries include free access to and from
the sea through freedom of transit as well as means and facilites for transport
and communications; equality of treatment in the ports of transit States; free
access to the international sea-bed area beyond national jurisdiction; and
participation in the international regime, including the machinery and the
equitable sharing in the benefits of the area.
10. Rights and interests of shelf-locked States and States with narrow
shelves or short coastlines: Shelf-locked States re those whose continental ,
shelves do not open out onto the high seas; examples are countries bordering
certain large seas such as the Mediterranean and Caribbean. These and other
categories of "disadvantaged" States dealt with under this topic would have their
rights and interests examined from four aspects, according to the list of subjects
and issues: international regime, fisheries, special interests and needs of '
developing shelf-locked States and States with narrow shelves or shore coastlines,
and free access to and from the high seas.
11. Rights and interests of States with broad shelves.
12. Preservation of the marine environment: Five subheadings are given:
sources of pollution and other hazards and measures to combat them, measures to
preserve the ecological balance of the marine environment, responsibility and
liability for damage to the marine environment, rights and duties of coastal
States, and international co-operation.
13. Scieptific research: Nature, characteristics and objectives of
scientific research of the oceans is the first of three subheadings. The others
are access to scientific information and international co-operation..
14. Development and Transfer of technology: The subject matter, as set out in
the list of subjects and issues, concerns the development of technological
capabilities of developing countries through sharing of knowledge and technology
between developed and developing countries, training of personnel from developing
countries and transfer of technology to developing countries.
15. Reonal arrat2gements.
16. Archipelagos.
17. Enclosed and semi-enclosed seas.
18. Artificial islands and installations.
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19. ie of Wands: This covers islands under colonial
foreign domination or control as well b.s othcr relnted matters.
20. Responsibility and liabilitylmdamaip resulti;gium the use of the
marine environment.
depetgenee or
21. Settlement of disputes.
-22. Peaceful uses of the ocean space i.asnla of peace and sPc iur
25. Archaeological and historical treasures on the sea-bed and ocean floor
beyond thW-Timits of national jurisdiction. -
24. Transmission from the high seas.
25. Enhancinz_the universal participation of States in Multilateral
conventions relating. to the law of the 6ea.
Sea-Bed Regime and Machinery
The foundation for the Sea-Bed Committee's work in seeking agreement on a
body of rules and an organization for the international sea-bed area was the
General Assembly's 1970 Declaration of Principles. In condensed form, these
are as follows:
1. The area and its resources "are the-co.mmon heritage of mankind".
2. "The area shall'not be subject to appropriation by any means by
States or persons, natural or juridical, and no State shall claim or
exercise sovereignty Cr scmereign rights over any part thereof."
3. No State or person shall claim, exercise or acquire rights with
respect to the area or its resources incompatible with the International
regime to be established and the principles of this Declaration.
4. All exploration and exploitation activities shall be governed by
the international regime.
5. "The area shall be open to use exclusively tor peaceful purposes
by all States, whether coastal or land-locked, without discrimination, in
accordance with the international regime to be established."
6. "States shall act in the area in accordance with the applicable
principles and rules of international law ... and the interests of maintaining
international peace and security and prcmoting international co-operation
and mutual understanding."
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0 0 0 1 0
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? 7. Exploration and exploitation "shall be Carried out for the benefit
of mankind as a whole, irrespective of the geographical location of States,
whether land-locked or coastal, and taking into particular consideration
the interests and needs of the developing countries",
8. ."The area shall be reserved exclusively for peaceful purposes"
and agreements shall be concluded as soon as possible to constitute a step
towards the exclusion of the area from the arms race.
9. On the basis of these principles, an international regime for
the area and its resources, including international machinery to give effect
to its provisions, shall be established by "an international treaty of a
universal character, generally agreed upon". "The regime shall, inter alia,
provide for the orderly and safe development and rational management of
the area and its resources and for expanding opportunities in the use
thereof, and ensure the equitable sharing by States in the benefits derived
therefrom, taking into particular consideration the interests and needs
of the developing countries, whether land-locked or coastal."
10. States shall promote international co-operation in scientific
research exclusively for peaceful purposes.
11. States shall co-operate in the adoption and implementation of
international rules, standards and procedures for the prevention of -
pollution and other hazards to the marine environment as well as for the
protection and conservation of natural resources and the prevention of
damage to flora and fauna.
12. States shall pay due regard to the rights and legitimate interests
of coastal and other States affected by their activities in the area.
Coastal States shall be consulted with a view to avoiding infringement
of their rights and interests.
13. Nothing in the Declaration shall affect the legal status of the
waters or air space above the international sea-bed area, or the rights
of coastal States to prevent, mitigate or eliminate grave and imminent
danger to their coastline or related interests from pollution or other
hazardous occurrences, subject to the international regime to be established.
14. Every State and international organization is responsible for
ensuring that activities in the area by those under its jurisdiction or
acting on its behalf shall conform to the international regime. "Damage
caused by such activities shall entail liability."
15. The parties to any dispute relating to activities in the area and
its resources shall resolve such dispute by the measures for peaceful
settlement mentioned in Article 35 of the United Nations Charter and such
procedures for settling disputes as may be agreed on in the international
regime.
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28 May 1974
Drafting work for treaty articles on an international regime and machinery
for the sea-bed began in a working group of Sub-Committee I in 1972. Starting
from an informal working paper intended to reflect areas of agreement and
disagreement, the drafting process was carried out in two stages -- a first
reading designed to ensure that the opinions of members were fully and accurately
reflected in the paper, and a second reading in which members .sought to narrow
the areas of disagreement as far as possible and to merge alternative texts
where there was no fundamental difference of approach.
As regards the international regime, the Working Group carried out a first
reading of texts relating to the limits of the sea-bed areal and completed a
second reading of texts concerning the following 20 subjects: .the common
heritage of mankind; activities regarding exploration and exploitation; non-
appropriation or claim or exercise of sovereignty or sovereign rights, or of
rights incompatible with the treaty rights, and the non-recognition. of any such
claims or exercise of rights; use of the area by all States without, discrimination;
general conduct in the area and in relation to the area; benefit of mankind as a
whole; preservation of the area exclusively for peaceful purposes; who may
exploit the area; general norms regarding exploitation; scientific research;
transfer of technology; protection of the marine environment;, protection of
human life; due regard to the rights of coastal States; legal status of waters
superjacent to the area;accommodation of activities in the marine environment
and in the area; responsibility to ensure Observance of the international regime
and liability for damages; access to and from the area; archaeological and
historical objects; and settlement of disputes.
With regard to international machinery, the Working Group completed its
second reading of texts concerning the following subjects: the Assembly and its
powers and functions; the Council and its powers and function?; the system of
settlement of disputes (including the Tribunal); and an operating agency or
bodies, variously called the Enterprise, operations commission, permanent board,
management and development commission, international sea-bed operations
organization, exploration and production agency, and exploitation commission.
A first reading was completed of texts relating to the following aspects
of the machinery: establishmeat of the machinery; nature of the sea-bed
authority; statue of the authority; operation of vessels and emplacement of
installations by the authority; installations and other facilities for the
exploration of the area and the exploitation of its resources; privileges and
immunities; relationships with other organizations; fundamental principles of
the functioning of the authority; purposes of the authority; powers and functions
of the authority; principal organs of the authority; the secretariat; various
proposed bodies, including a rules and recommended practices commission, planning/
price stabilization commission, scientific and technological commission, legal
commission, international sea-bed boundary review commission, and inspection
and conservation commission; and miscellaneous provisions.
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The texts produced by the Working Group of Sub-Committee I, "illustrating
areas of agreement and disagreement", occupy 127 pages of the Committee's final
report (document A/9021, volume II, pages 39-165). In most cases, two or more
alternative texts are given for each draft article.
In addition to these subjects, delegations in the Working Group suggested
a number of other matters which might need to be dealt with, including general
rules and regulations regarding exploration of the area and exploitation of its
resources, integrity of investments, regional arrangements, the participation
of disadvantaged countries, a statute for the Tribunal, criteria for the sharing
of benefits, the parties to the treaty, and transitional provisions. Not all
delegations accepted this list in its entirety.
The Secretary-General will submit to the Conference a study on the economic
implications of sea-bed mining. This will be a follow-up to earlier papers
presented to the Sea-Bed Committee in response to Assembly resolution 2750 A
(XXV) of 1970.
The first of these papers, issued in 1971, noted that technological develop-
ments would eventually make deep-sea petroleum and manganese nodule exploitation
not only technically possible but also commercially feasible. It predicted that
petroleum markets were unlikely to be affected significantly by such developments,
because of the higher costs of deep-water production and the abundance of on-
shore and shallow-water petroleum. However, it held that future exploitation of
manganese nodules lying on the ocean bottom might become an important source of
the world's nickel requirements and might eventually become a major source of
cobalt supply as well, in addition to supplying a minor proportion of copper needs.
General Aspects of Sea Law
Sub-Committee II, which drew up the list of issues and topics in 1972,
began work on draft articles in March 1973, when its Working Group started
meeting. After a preliminary discussion on how to go about the drafting, the
Group decided that the subjects and issues assigned to it would not be examined
one by-one or in groups, but should be regarded as forming part of one whole.
A comparative table was drawn up for the Group in July, setting out all
70 texts submitted by delegations, arranged according to the headings and
subheadings in the list of subjects and issues (document A/9021, Vol. V). For
some of these subjects consolidated texts were prepared, making possible a more
direct comparison of the various proposals provision by provision (document
A/9021, Vol. VI).
Using these two compilations as a tool, the Working Group decided to present
variant (alternative) texts which might, where appropriate, form the basis of
draft articles. Delegations presented many variants during the Group's last
few meetings in August, and informal consultations made it possible to effect
some reduction in the number of Variants (document A/9021, Vol. IV). However,
it was recognized in the Working Group that the presentation or non-presentation
of variant's by delegations did not commit them to a particular position or
a'
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The 161 pages of variants deal with such sejects and issues as the nature
and characteristics of the territorial sea, the delimitation of the territorial
sea, the breadth of the territorial sea, innocent passage, straits, archipelagos,
the exclusive economic zone, the continental shelf, preferential rights and
duties of coastal States, rights and interests of land-locked and geographically '
disadvantaged countries, regional arrangements, and certain aspects of fishing
on the high seas.
Marine Environment, Science and Technology
The main sUbjects examined by Sub-Committee III were preservation of the
marine environment, scientific research, and the development and transfer of
technology.
The group known as Working Group 2 began its drafting on the marine
environment in March 1973. Basing itself on proposals submitted to the Sub-
Committee by delegations, the Working Group discussed the following subjects:
general obligation to preserve and protect the marine environment; general
obligation of States to adopt measures to prevent pollution of the marine
environment, irrespective of the source of pollution; Obligation of States to
prevent damage from marine pollution; particular obligation of States to adopt
specific measures in connexion with certain sources of marine pollution, and
the relation between such measures and generally accepted international standards;
global and regional co-operation; technical assistance; monitoring; standards;
and enforcement.
Informal consultations were then held under the Working Group's auspices,
between sponsors of the various proposals and other delegations. They were able
to produce a number of texts -- in alternative versions -- for draft
articles on many of these subjects, but the Working Group as a whole did not have
time to examine those texts, which are reproduced in the Committee's 1973 report
(document A/9021, Vol. I, pages 86-89 and 91-105).
Working Group 3 of Sub-Committee III began discussing the various proposals
on scientific research in April 1973. Its discussions covered the definition
and Objectives of marine scientific research, the conduct and promotion of marine
scientific research, and the prerequisites for the conduct of such research.
Informal consultations produced several alternative versions of texts for draft
articles on this subject (document A/9021, Vol. I, pages 105-105), but the
Working Group as a whole did not have time to examine them.
As to development and transfer of technology, Sub-Committee III completed
a general debate on this topic but its Working Group 3 did not have time to begin
work on draft articles.
Conference Procedure
The second session of the Conference is to be opened by its President at
3 p.m. Thursday, 20 June, at Parque Central, a new complex of commercial and
residential buildings near the centre of Caracas. Following a minute of silence
for prayer or meditation, the Conference will hear an address by the President
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The next order of business will be adoption of the rules of procedure.
This was to have taken place during the organizational session held in New York
last December, but disagreements persisted over the question of how decisions
a-e to 1:e taken by the Conference, including rules for voting.
The question of decision-making at the Conference had been discussed by
the General Assembly, which approved last November the following "gentlemen's
agreement" reached between delegations:
"Recognizing that the Conference at its inaugural session will adopt
its procedures, including its rules regarding methods of voting, and
bearing in mind that the problems of ocean space are closely, interrelated
and need to be considered as a whole and the desirability of adopting a
Convention on the Law of the Sea which will secure the widest possible
acceptance,
"The General Assembly expresses the view that the Conference should
make every effort to reach agreement on substantive matters by way of
consensus; that there should be no voting on such matters until all
efforts at consensus have been exhausted; and further expresses the view
that the Conference at its inaugural session will consider devising
appropriate means to that end."
When it proved impossible to reach agreement on this issue in December,
the Conference agreed to a proposal by its President that he hold informal
consultations on the matter in New York from 25 February to I March 1974. It
further agreed that the decision in regard to the rules should be taken by the
Conference in Caracas not later than 27 June, if necessary by voting. The
understanding agreed to by the Conference was that the rules would be adopted
by a simple majority unless the Conference decided that this constituted an
important question requiring a two-thirds majority.
Informal consultations were held as scheduled from 25 February to I March,
and it was agreed at that time that the contacts would resume in New York from
12 to 14 Jtne.
Draft rules of procedure were drawn up last November by the Secretariat
(document A/CONF.62/2 and Add.173), "designed to facilitate as far as possible
the search for the broadest possible agreement on any matter of substance,
before a formal vote is taken by a committee or by the Conference". To this
end, what has been described in the debate as a "cooling-off period" is provided
for in the draft rules, under the requirement that, if there is any objection
to taking a vote, a main committee would secure the permission of the Conference
before voting. Both in the Conference and in any committee the presiding officer
would have authority to defer taking a vote for a given period.
The draft rules follow the rules of the General Assembly in requiring a
simple majority vote for the adoption of proposals in committee and a two-thirds
majority in plenary. Abstaining or absent delegations would not be counted in
determining -whether a majority exists.
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Several amendments to this procedure have been proposed. Two of them .
would require larger majorities for substantive decisions: a two-thirds
rg:lority of States participating in the Conference and rot just of those voting
of "no" (United States), and a nine-tenths majority of those present and
voting (Soviet Union). Other proposed amendments would change the "cooling-off"
procedure in a variety of ways.
On other matters, the draft rules provide for a 48-comber General Committee
to assist the President in the conduct of the business of the Conference, ensure
the co-ordination of its work, and make recammendations to further the progress
of the Conference. Its members are the President, Vice-Presidents and
Rapporteur-General of the Conference and the officers of the three-main committees;
the Chairman of the Drafting Committee may participate in the General Committee
without the right to vote.
There is also a 23-member Drafting Committee and a nine-member Credentials
Committee.
Conference Participants
?
The General Assembly has invited to the Conference the 135 Mtmbe73 of the
United Nations and the other States (now nuMbering 13) which are Members of one
or more specialized agencies. It also invited the Republic of Guinea-Bissau
(which has since become a member of a specialized agency -- the Food and
Agriculture Organization) and the Democratic Republic of Viet-Nam. The latter
declined the invitation last November, however, because the Provisional
Government of the Republic of South Viet-Nam had not been invited (document A/9350).
In addition to these 149 States, the Assembly requested the Secretary-
4enera1 to invite the United Nations Council for Namibia, the specialized agencies
of the United Nations, and the International Atomic Energy Agency. Other
intergovernmental bodies and interested non-governmental organizations having
consultative status with the Economic and Social Council are also to be invited to
attend.
The draft rules of procedure provide that observers for intergovernmental
organizations may participate without vote in the Conference and its main
committees and subaidiary 'organs, on the invitation of the presiding officer .
and on questions within the scope of their activities. They may also have
written statements distributed to delegations. International non-governmental
organizations would have the right, under the draft rulea, to designate observers
Who could attend public meetings of the Conference and its main committees, make
oral statements on the presiding -officer's invitation and subject to the approval
of the body concerned, and have written statements distributed.
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Officers of Conference
The officers of the Conference, elected at the organizational session in
December, are as follows:
President: H. Shirley Amerasinghe* (Sri Lanka)
Vice-Presidents (31): Algeria, Belgium, Bolivia, Chile, China, Dominican Republic,
Egypt, France, Iceland, Indonesia, Iran, Iraq, Kuwait,
Liberia, Madagascar, Nepal, Nigeria, Norway, Pakistan,
Peru, Poland, Singapore, Trinidad and Tobago, Tunisia,
Uganda, USSR, United Kingdom, United States, Yugoslavia,
Zaire and Zambia.
Rapporteur-General: Kenneth Rattray (Jamaica)
Committee I (international sea-bed regime and machinery):
_
Chairman: Paul Bamela Engo (United Republic of Cameroon)
Vice-Chairmen: Brazil, German Democratic Republic and Japan
Rapporteur: H. Charles iiott (Australia)
Committee II (general aspects of law of the sea):
Chairman: Andres Aguilar (Venezuela)
Vice-Chairmen: Czechoslovakia, Kenya and Turkey
Rapporteur: Satya N. Nandan (Fiji)
Committee III (marine environment, research and technology transfer)
Chairman: Alexander Yankav (Bulgaria)
Vice-Chairmen: Colombia, Cyprus and Federal Republic of Germany
Rapporteur: Abdel M.A. Hassan (Sudan)
Drafting Committee (23 members):
Chairman: J.A. Beesley (Canada)
Other members: Afghanistan, Argentina, Bangladesh, Ecuador,
El Salvador, Ghana, India, Italy, Lesotho, Malaysia,
Mauritania, Mauritius, Mexico, Netherlands,
Philippines, Romania, Sierra Leone, Spain, Syria,
USSR, United Republic of Tanzania and United States.
Credentials Committee (9 members):
Chairman (elected by the Committee): Heinrich Gleissner (Austria)
Members: Austria, Chad, China, Costa Rica, Hungary, Ireland,
Ivory Coat, Japan and Uruguay.
Constantin A. ntavropoulos has been appointed. by Secretary-General Kurt
Waldheim as his Special Representative to the Conference (biographical note in
Press Release BI0/1102 of 24 May). The Executive Secretary of the Conference is
David L.D. Hall. * *** *
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Second session
Agenda item
A/CO1F.62/WP.6
26 June 1971,
ORIGINAL: ENGLISH
ADOPTION OF THE RULES OF PROCEDURE
Amendments to the draft rulesjILEE2gedure
l're5sa_EA11_121._the President
On the basis of the discussion of the President's proposal 1/ during the 19th
meeting of the Conference, the following change should be made in subparagraph (d)
of rule 54 2/ by adding the underscored and deleting the bracketed words as follows:
'(d) Rule 37 shall be applied to the Main Committees, provided that a
determination pursuant to paragraph 1 shall require a majority of the
representatives present and voting, the deferment of the uestion of takin a
vote by the Chairman of the Committee in confoimity_yith iprovided for b
subparagraph 2 (a) shall not exceed Vive calendar days and the assistance
sl,ecified in subFaragraph 2 (c) shall be rendered the Chairman by the officers
of the Committee.'
A/CONF.62/WP.1 and Add.l.
As previ.ously aet out in A/CONF.62/WP.3, para. 4.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Second session
Agenda item 4-
2111111??????11.16...
A/CONF.62/WP.4/Add.1
27 June 1974
ORIGINAL: ENGLISH
? ADOPTION OF THE RULES OF PROCEDURE
Amendments to the draft rules of Procedure
Proposals by the President
1. On the basis of further informal consultations with the sponsors of amendments that
had been proposed to the draft rules of procedure, 1/ the President suggests that
certain texts be reformulated, added or deleted as follows:
2. E2112.145.:
If two or more proposals relate to the same question, the Conference shall, unless
it decides otherwise, vote on the proposals in the order in which they have been
submitted. The Conference may, after each vote on a proposal, decide whether to vote
on the next proposal.
3. Rule 52:
Add the following new paragraph: V
2. Without prejudice to paragraph 1 of this rule, the sponsor or a
representative of the group of sponsors of a proposal shall be invited to the
appropriate meetings of the Drafting Committee and may participate, without the right
to vote, in the discussion at the discretion of the Chairman, in case the Conference or
a Main Committee decides to refer that proposal to the Drafting Committee without
taking a decision thereon.
4. Rule 55:
Delete.
1/ A/coNF.62/L.1.
2./ To follow the text set forth in A/CONF.62/WP.4, para. 6, which will become
paragraph 1 of rule 52.
C-0141
74-19347
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5. Rule 58:
Reformulate paragraph 1 ofthis-rule as follows:
1. Sumaary records of the plenary meeting' of the Conference and-of-the-iosetings
of the .in Committees shall be kept in the languages of the Conference. As a general
rule, they shall be circulated as soon as possible simultaneously in all the languages
of the Conference, to all representatives, who shall inform the Secretariat within
five working days after the circulation of the summary record of any changes they wish
to have made.
6. Rule 62A: 3/
RenitegiaL2FW_nresentativesoftheUtations..f?Nbia
1. The United Nations Council for Namibia may designate representatives to
participate, without the right to vote, in the deliberations of the Conference and the
Committees and, as appropriate, the sUbsidiary organs.
2. Written statements of the Council shall be distributed. by the Secretariat to
te delegations at the Conference.
FuJe 64:
:!1-Iod of amendment
These rules of_protedure may be amended by a decision of the Conference taken by
majority specified in paragraph 1 of rule 39, after tbe General Committee has
.-eportad on the proposed amendment.
.Mv110.1?11,111????
3/ This rule ie to precede rule 62.
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.221
UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
GENERAL
A/COW ,:f.i2120
2 July 1914
RULES OF PROCEDURE
(adopted at its 20th meting on 27 June 1974)
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Rule
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CON'Pri "3
INTRODUCTION
RULES OF PROCEDURE
CHAPTER I
REPRESENTATION AND CREDENTIALS
Page
vii
1.
Composition of delegations
J.
2.
Alternates and advisers
1
3.
Submission of credentials ?
a
r
1
4.
Credentials Committee
3.
5.
Provisional participation in the Conference
1
CHAPTER II
OFFICERS
6.
Election
2
7.
General powers of the President
2
8.
............
.
2
9.
Acting President
2
)0.
2
11.
Replacement of the President
3
12.
The President shall not vote
3
13.
Functions of the Rapporteur-General
3
CHAPTER III
GENERAL COMMIE:MEL
14.
Composition
3
15.
Substitute members
3
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CONTENTS (continaad)
Ral.e
?Ftnction3
?
? ?
Page
4
4
4
14
16.
17.
18.
19.
CHAPTER IV
SECRETARIAT
20.
Duties of' the Secretary-General and the Secretariat
4
21.
Statements by the Secretariat
5
CHAPTER V
CONDUCT OF BUSINESS
22.
Qcm
5
23.
EpaE;_hes
5
24.
Preccderae
5
25.
Potts of order
5
26.
Tim17..-1imit on speeches ? ? ?. ? ?
?
?
? .
6
27.
Closing of list of speakers
6
28.
Adjournment of debate
6
29.
31.:.2x.re of debate
6
30.
Suspension or adjournment of the meeting
6
31.
Ordcr. of procedural motions
32.
Initial d,ocumentation
?
?
.
?
7
33.
Prc)csall aad amendments
7
34.
Desions cn competence
35.
W hdralml of motions
8
36.
Ileconsiderotion of proposals
8
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CONTENTS- continued
CHAPTER VI
DECISION-MAKING
37.
Requirements for voting
9
38.
Voting rights
10
39.
Required majority
?
?
? .
10
4o.
meaning of the phrase "representatives present and voting"
10
41.
Method of voting
10
42.
Conduct during voting
U.
43.
Division of proposals and amendments ? a 000000 ?
11
44.
Order of voting on amendments 4
11
45.
Order of voting on proposals .... . . ............
11
46.
Elections
12
47.
12
48.
12
49.
Evoully divided votes
12
CHAPTER VII
COMMITTEES AND SUBSIDIARY ORGANS
50.
Establishment
13
51.
Representation in Main Committees
13
52.
Statements to restricted organs
13
53.
Drafting Committee
13
54.
Officers and elections
14
55.
Officers, conduct of business and voting
14
CHAPTER VIII
LANGUAGES AND RECORDS
56.
Languages of the Conference
14
57.
Interpretation
15
58.
Records of meetings
15
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?
CHAPTER IX
PUBLIC ADPRIVATE MEETINGS
59. P1emr7 ajaa_cogulttee.meetings
60. Meetings of subsidiary organs
61. Communiques to the press
CHAPTER X
OBSERVERS
62. Representatives of the United Nations Council for Namibia
63. Observers for intergovernmental organizations
64. Observers for non-governmental organizations
CHAPTER XI
AMENDMENTS TO THE RULES OF PROCEDURE
65. Method of amendment
APPENDIX
Page
15
15
16
16
16
16
17
DECLARATION INCORPORATING THE "GENTLEMAN'S AGREEMENT" MADE BY THE
PRESIDENT AND ENDORSED BY THE CONFERENCE AT ITS 19TH MEETING ON
27 JUNE 1974 18
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INTRODUCTION
1. By paragraph 10 of its resolution 3067 (XXVIII) of 16 November 1973 by which the
Third United Nations Conference on the Law of the Sea was convened, the General Assembly_
of the United Nations requested the Secretary-General:
"to prepare appropriate draft rules of procedure for the Conference, taking into
account the views expressed in the Committee on the Peaceful Uses of the Sea-Bed
and the Ocean Floor beyond the Limits of National Jurisdiction and in the General
Assembly, and to circulate the draft rules of procedure in time for consideration
and approval at the organizational session of the Conference;".
2. In compliance with this mandate the Secretary-General prepared a set of draft
rules of procedure (A/CONF.62/2), which were considered at the organizational session
of the Conference (A/CONF.62/SR.6, 8-11, 13). On the basis of certain decisions taken
at that session as to the organization and structure of the Conference and as a result
of informal consultations, the Secretary-General presented some revisions to the draft
rules (A/CONF.62/2/Add.1-3), and a number of delegations proposed amendments during
that session (A/CONF.62/4-14) or subsequently (A/CONF.62/7/Rev.1, A/CONF.62/10/Add.1,
A/CONF.62/16 and 18-21).
3. During the organizational session the President conducted informal consultations
on the rules of procedure. Pursuant to a decision taken at the final meeting of that
session he conduced further informal consultations from 25 February to 1 March and
from 12 to 14 June 1974. These consultations were resumed and completed during the
first week of the second session.
h. At its second session the Conference considered (A/CONF.62/SR.15-20) the draft
rules and the amendments proposed thereto, on the basis of a working paper prepared by
the Secretariat (A/CONF.62/L.1). After receiving certain proposals by the President
consequent on his informal consultations (A/CONF.62/WP.1 and Add.]., WP.4 and Add.1)
and the debates in the Conference (A/CONF.62/WP.3 and Add.1, WP.6-7), the Conference
adopted its rules of procedure by consensus at its 20th meeting on 27 June 197h.
5. In connexion with the resolution by which the Conference was convened, the General
Assembly at its 2169th meeting on 16 November 1973 approved a "gentleman's agreement"
covering the procedures by which it considered the Conference should take decisions on
substantive matters (reproduced as an appendix to A/CONF.62/2 and A/CONF.62/L.1).
After consultations the President proposed (A/CONF.62/WP.2) that he should make a
declaration incorporating the terms of that agreement, which the Conference would then
endorse and which would be set out in an appendix to the rules of procedure. The
Conference approved these proposals and endorsed the President's declaration by
consensus at its 19th meeting on 27 June 1974.
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ommaa
REPRLIENTAT/Oli AND CUDEATIALO
IISMMIA;hic04?ef AlltMaala
Rule,/
rite th/eigntion of_oach State.part!c.pating.in the Conference -shall conaist of
cite4rerresentatives and such alternate representatives and advisers as may be
AaIlimeltep and advisers
Rule 2
An alternate representative or an adviser may act as a repreeentative upon
designation by tho chairman of the de/caution.
SulTpieeion of crdentials
Rule 1_
T.A1-cmdentie1e of ropresertetives end the nemes of alternate representatives and
advialre shell be suIaitted to thJ1, 1.1utiVe Secretary if possible not later than
24 hours after the openin3 of the,Confereimes =Any later change in the composition of
delecetions shall also ba submItted to the Executive BScretary. The credentials shall
be iY.ielthev by tha Heti of the State or ?Covernment or by the Minister for Foreign
l'Arg. In the abmonco n.r a contrary LIdication, credentials shall have effect for
aU ot tha Corascaton unlws v-IhArewn or superseded by new credentials.
Credential', Committee
Rule 4.
A Credcottas OrrnxiAttl 1-134111 be f4pointed at the beginning of the firstimosion
of the Conference to earva for all ens/Alone,. /t shell consist of-nine members, vho
nun be upointe d by tT?' Conference on-therproposal of the?President. It shall examintt e
credentiale of reprt7eontetivec and report to the Conference lwithout delay. At
the subsequent eessions of the Conference it shall examine only the credentials. of ?
repreventativos newlreccredited, unless-ths Conference decides otherwise by a majority
(7,Z the representatives prevent and :voting. ?
ProvinioneLLartisti_nationi.LMSenference
1A5
Pendin6,a deoision or th#, Conference upon tlieir credentials representativet shall
1;fa entitlei to particirate previsionelly in the Conference.
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CHAPTER II
OFFICERS
Election
Rule 6
The Conference shall elect a President, 31 Vice-Presidents and a Rapporteur-
General, as well as a Chairman, three Vice-Chairmen and a Rapporteur of each Main
Committee provided for in rule 50 and the Chairman of the Drafting Committee provided
for in rule 53. These officers shall be elected on the basis of ensuring the
representative character of the General Committee and of the officers of each Main
Committee; their term of office shall be for all sessions of the Conference. The
Conference may also elect such other officers as it deems necessary: for the performance
of its functions.
General powers of the President
Rule
In addition to exercising the powers conferred upon him elsewhere by these rules,
the President shall preside at the plenary meetings of the Conference, declare the
opening and closing of each plenary meeting, direct the discussions at such meetings,
accord the right to speak, put questions to the vote and announce decisions. He shall
rule on points of order and, subject to these rules of procedure, have complete
control of the proceedings and over the maintenance of order thereat. The President
may propose to the Conference the limitation of time to be allowed to speakers, the
limitation of the number of times each representative may speak on any question, the
closure of the list of speakers, the adjournment or closure of the debate, the
suspension or the adjournment of the meeting.
Rule 8
The President, in the exercise of his functions, remains under the authority of
the Conference.
Acting President
Rule 9
If the President is absent from a plenary meeting or any part thereof, he shall
designate one of the Vice-Presidents to take his place.
Rule 10
A Vice-President acting as President shall have the same powers and duties as
the President.
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Replacement of the President
Rule 11
If the President is unable to perform his functions, a new President shall be
elected.
Rule 12
The President, or a
designate another member
The President shall not vote
Vice-President acting as President, shall not vote but shall
of his delegation to vote in his place.
Functions of the Rapporteur-General
Rule 13
The Rapporteur-General shall act in that capacity in respect of both the
Conference and the General Committee. He shall prepare, for approval of the
Conference, any reports to be submitted to the General Assembly of the United Nations.
CHAPTER III
GENERAL COMMITTEE
Composition
Rule 14
There shall be a General Committee consisting of the President, the Vice-
Presidents, the Rapporteur-General and the officers of the Main Committees; the
Chairman of the Drafting Committee m y participate in the General Committee, without
the right to vote. The President of the Conference or, in his absence, the Vice-
President designated by him, shall serve as Chairman of the General Committee.
.Substitute members
Rule 15
If the President, the Rapporteur-General, or the Chairman or Rapporteur of a
Main Committee finds it necessary to be absent during a meeting of the General
Committee, he may designate a member of his delegation to sit and vote in the
Committee. The Chairman of the Drafting Committee may, in case of absence, designate
a member of that Committee to take his place in the General, Committee.
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Functions
Rule 16
The Geueral Committee shall assist the Presid2nt in the gereral conduct of the
business of the Conference and, subject to the decisions of the Conference, shall
ensure the co-ordination of its work.
Rule 1,
Questions affecting the co-ordination of their work may be referred by other
committees to the General ComLLttee, which may make such arrangements as it sees fit,
including the holding of joint meetings of committees or subsidiary organs and, where
appropriate, proposing to the Conference the establishment of joint subsidiary organs.
Rule
Tra Gonerat C-;:rtittee shall meet periodically throughout each session to review
the press of the Conference, its Main Committees and subsidiary organs, and to
zake recommend-tions for furthering such progress. It shs.11 also meet at such other
times during a sessio-1 as the Prcsident deems necessary k.,r upon the request of any
other of izs mrt7ars.
Rule 19
rihr,, General Committee shall )zerform such additional tasks as are provided for in
these rules or R3 ate assigned to it by the Conference.
CHAPTER IV
S:CRETARIAT
11:tie:7. of the Ceeretary-Zeneral and the Secretariat
Rule 20
1. The Se,tretsey-General of the United Nations or his special representative
shall act in that cr.,pacity in ;ill meetings of the Conference, its committees and
subsidiary 07.gonfl.
2. The Scoretary-General shall appoint an Executive Secretary of the
Conference and shall provide and direct the staff rsquired by the Conference, its
committecs and 7..sidia:-y organs.
3. The Seeletarint shall recrive, translate, reproduce and distribute documents,
repor.s e.?d tesclatiors of the Conrerence, interpret speeches made at the meetings,
prepa-: circuIa-i;e records of the public meetires; have the custody and
prest.r-ation cf the doluments in the archives of tne United Nations; publish the
reports of (,.-! puLlic meetings; and, gc.,orally, perform ar. other work which the
Conferenc., re-gere.
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Statements by the Secretariat
Rule 2l
The Secretary-General or any member of the staff designated for that purpose may
at any time make either oral or written statements concerning any question under
consideration.
CHAPTER V
CONDUCT OF BUSINESS
Quorum
Rule 22
The President may declare a meeting open and permit the debate to proceed when
representatives of at least one third of the States participating in that session of
the Conference are present. The presence of representatives of a majority of the
States so participating shall be required for any decision to be taken, provided that
for a decision on any matter of substance the presence of representatives of two
thirds of the States so participating shall be required.
Speeches
Rule 23
No person may address the Conference without having previously obtained the
permission of the President. Subject to rules 24 and 25, the President shall call
upon speakers in the order in which they signify their desire to speak. The
Secretariat shall be in charge of drawing up a list of such speakers. The President
may call a speaker to order if his remarks are not relevant to the subject under
discussion.
Precedence
Rule 24
The Chairman or Rapporteur of a committee, or the representative of a subsidiary
organ, may be accorded precedence for the purpose of explaining the conclusion arrived
at by his committee or organ.
Points of order
Rule 25
During the discussion of any matters a
and,the'point of order shall be immediately
these rules of procedure. A representative
President. The appeal shall be immediately
representative may rise to a point of order,
decided by the President in accordance with
may appeal against the ruling of the
put to the vote and the President's ruling
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shall stand unless the appeal is approved by a majority of the representatives present
and voting. A representative rising to a point of order may not speak on the
substance of the matter under discussion.
Time-limit on speeches
Rule 26
The Conference may limit the time to be allowed to each speaker and the number
of times eRch representative may speak on any question. When the debate is limited
and a representative has spoxen his allotted time, the President shall call him to
order without
Closing of list of speakers
Rule 27
Dur .ng the course of a debate the President may announce the list of speakers
and, with the consent of the Conference, declare the list closed. He may, however,
accord the right of repl- to any representative if a speech delivered after he has
declared the lint closed makes this desirable.
Adlgurnment of debate
Rule 28
During the discussion of any matter, a representative may move the adjournment
of the debate on the question under discussion. In addition to. the proposer of the
motion, We representetives may speaA. in favour of, and two against, the motion,
after which the motion shall be immediRtely put to the vote. The President may limit
the time to be allowed to speakers under this rule.
Closure of debate
Rule 29
A representative may at any time move the closure of the debate on the question
under discussion, whether or not Rny other representative has signified his wish to
speak. Permission to speaX on the motion shall be accorded only to two speakers
opposing the closure, and the President may limit the time to be allowed to speakers
under this rule. Adoption of the motion shall require a two-thirds majority of the
representatives present and voting.
Slalpension or adjournment of the meeting
Rule 30
Daring the discussion of any matter, a representative may move the suspension or
the adjournment of the meeting. Such motions shall not be debated, but shall be
immediately put to the vote. The President may limit the time to be allowed to the
speakee moving the suspension or ndjournment.
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Order of procedural motions
Rule 31
Subject to rule 25, the following motions shall have precedence in the following
order over all other proposals or motions before the meeting:
(a) to suspend the meeting;
(b) to adjourn the meeting;
(c) to adjourn the debate on the question under discussion;
(d) to close the debate on the question under discussion.
Initial documentation
Rule 32
The initial documentation of the Conference shall consist of the reports of the
Committee on the Peaceful Uses of the Sea-Bed and the Ocean Floor beyond the Limits
of National Jurisdiction on its work and of all other relevant documentation of the
General Assembly and the Committee.
Proposals and amendments
Rule 33
Proposals and amendments shall normally be introduced in writing and handed to
the Executive Secretary, who shall circulate copies to the delegations. No proposal
shall be discussed or put to the vote at any meeting of the Conference unless copies
of it have been circulated to all delegations in all languages of the Conference not
later than the day preceding the meeting. The President may, however, permit the
discussion and consideration of amendments, or of motions as to procedure, even though
these amendments and motions have not been circulated or have only been circulated
the same day.
Decisiels on competence
Rule 314
Subject to rule 25, any motion calling for a decision on the competence of the
Conference to discuss any matter or to adopt a proposal or an amendment submitted to
it shall be put to the vote before the matter is discussed or a vote is taken on the
proposal or amendment in question.
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Withdrawal of motions
Rule 35
A motion may be withdrawn by its proposer at any time before voting on it has
commenced, provided that the motion has not been amended. A motion which has thus
been withdrawn may be reintroduced by any representative.
Reconsideration of proposals
Rule 36
When a proposal has been adopted or rejected it may not be reconsidered unless
the Conference, by a two-thirds majority of the representatives present and voting,
so decides. Permission to speak on the motion to reconsider shall be accorded only
to two speakers opposing the motion, after which it shall be immediately put to the
vote.
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CIAPT,H V1
DIL'ISION-MAKIVG
Revirements for voting
Rule 37
1. Before a matter of substance is put to the vote, a determination that all
efforts at reaching general agreement have been exhausted shall be made by the majority
specified in paragraph 1 of rule 39.
2. Prior to making such a determination the following procedures may be invoked:
(a) When a matter of substance comes up for voting for the first time, the
President may, and shall if requested by at least 15 representatives, defer the question
of taking a vote on such matter for a period not exceeding 10 calendar days. The
provisions of this subparagraph may be applied only once on the matter.
(b) At any time the Conference, upon a proposal by the President or upon motion by
any representative, may decide, by a majority of the representatives present and voting,
to defer the question of taking a vote on any matter of substance for a specified period
of time.
(c) During any period of deferment, the President shall make every effort, with the
assistance as appropriate of the General Committee, to facilitate the achievement of
general agreement, having regard to the over-all progress made on all matters of
substance which are closely related, and a report shall be made to the Conference by the
President prior to the end of the period.
(d) If by the end of a specified period of deferment the Conference has not
reached agreement and if the question of taking a vote is not further deferred in
accordance with subparagraph (b) of this paragraph, the determination that all efforts
at reaching s.eneral agreement have been exhausted shall be made in accordance with
paragraph 1 of this rule.
(e) If the Conference has not determined that all efforts at reaching agreement
had been exhausted, the President may Propose or any representative may move,
notwithstanding rule 36, after the end of a period of no less than five calendar days
from the last prior vote on such a determination, that such a determination be made in
accordance with paragraph 1 of this rule; the requirement of five days delay shall not
apply during the last two weeks of a session.
3. No vote shall be taken on any matter of substance less than two working days
after an announcement that the Conference is to proceed to vote oh the matter has been
made, during which period the announcement shall be published in the Journal at the
first opportunity.
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Voting rights
Rule 38
Each State represented at the Conference shall have one vote.
Required majority
Rule 39
1. Decisions of the Conference on all matters of substance, including the
adoption of the text of the Convention on the Law of the Sea as a whole, shall be taken
by a two-thirds majority of the representatives present land voting, provided that such
majority shall include at least a majority of the States participating in that session
of the Conference.
2. Rule 37 shall not apply to the adoption of the text of the Convention as a
whole. However, the Convention shall not be put to the vote less than four working
. . . -
days after the adoption of its last article.
3. Except as otherwise specified in these rules, decisions of the Conference
on all matters of procedure shall be taken by a majority of the representatives
present and voting.
4. If the question arises whether a matter is one of procedure or of Substance,
the President shall rule on the question. An appeal against this ruling shall
'immediately be put to the vote and the.President's ruling shall stand unless the
appeal is approved by a majority of -Cie represefitatives present and voting.
Meaning of the thrase 'representatiVes
present and voting'
Rule 40
For the purpose of these rules, the phrase ''representatives present and voting':
means representatives present and casting an affirmative or negative vote,
representatives who abstain from voting shall be considered as not voting.
Method of voting
Rule 41
1. The Conference shall normalli Vote by show of hands Or by standing, but any
representative may request a roll-call. The roll-Call shall ttaken in the English
alphabetical order of the names of the Statiaiiartitipiting in the Conference, -
beginning with the delegation whose name is drawn by lot by the President.
2., When _the Conference votes by mechanical Means, a non-recorded vote shall.
. . .
replace a vote by show of hands' Or by standing alia'a'recorded vote shall replace a
roll-call vote. Any representative may request a recorded vote. In the case of a
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recorded vote, the Conference shall, unless a representative requests otherwise,
dispense with the procedure of calling out the names of the States; nevertheless, the
results of the voting shall be inserted in the record in the same manner as that of
a roll-call vote.
Conduct during voting
Rule 42
After the President has announced the beginning of voting, no representative shall
interrupt the voting except on a point of order in connexion with the actual conduct of
the voting. The President may permit representatives to explain their votes, either
before or after the voting, except when the vote is taken by secret ballot. The
President may limit the time to be allowed for such explanations.
Division of proposals and amendments
Rule 43
A representative may move that parts of a proposal or of an amendment be voted on
separately. If objection is made to the request for division, the motion for division
shall be voted upon. If the motion for division is carried, those parts of the
proposal or of the amendment which are subsequently approved shall be put to the vote as
a whole. If all operative parts of the proposal or of the amendment have been rejected,
the proposal or the amendment shall be considered to have been rejected as a whole.
Order of voting on amendments
Rule 44
When an amendment is moved to a proposal, the amendment shall be voted' on first.
When two or more amendments are moved to a proposal, the Conference shall first vote
on the amendment furthest removed in substance from the original proposal and then on
the amendment next furthest removed therefrom, and so on until all the amendments have
been put to the vote. Where, however, the .adoption of one amendment necessarily implies
the rejection of another amendment, the latter amendment shall not be put to the vote.
If one or more amendments are adopted, the amended proposal shall then be voted upon.
A motion is considered an amendment to a proposal if it merely adds to, deletes from or
1-evises part of that proposal.
Order of voting on proposals
Rule 45
If two or more proposals relate to the same question, the Conference shall, unless
it decides otherwise, vote on the proposals in the order in which they have been
submitted. The Conference may, after each vote on a proposal, decide whether to vote
on the next proposal.
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Elections
Buie 46
All elections shall be held by secret ballot unless otherwise decided by the
Conference.
Rule 47
1. If, when one person or one delegation is to be elected no candidate obtains
in the first ballot the votes of a majority of the representatives present and voting,
a second ballot restricted to the two candidates obtaining the largest number of votes
shall be taken. If in the second ballot the votes are equally divided, the President
shall decide between the candidates by drawing lots.
2. In the case of a tie in the first ballot among more than two candidates
obtaining the largest number of votes, a second ballot shall be held. If on that
ballot a tie remains among more than two candidates, the number shall be reduced to two
by lot and the balloting, restricted to them, shall continue in accordance with the
preceding paragraph.
Rule 48
When two or more elective places are to be filled at one time under the same
conditions, those candidates, not exceeding the number of such places, obtaining in
the first ballot the votes of a majority of the representatives present and voting
shall be elected. If the number of candidates obtaining such majority is less than the
number of persons or delegations to be elected, there shall be additional ballots to
fill the remaining places, the voting beinf restricted to the candidates obtaining the
greatest number of votes in the previous ballot, to a number not more than twice the
places remaining to be filled; provided that, after the third inconclusive ballot, votes
may be cast for any eligible person or delegation. If three such unrestricted ballots
are inconclusive, the next three ballots shall be restricted to the candidates who
obtained the greatest number of votes in the third of the unrestricted ballots, to a
number not more than twice the places remaining to be filled, and the following
three ballots thereafter shall be unrestricted, and so on until all the places have
been filled.
Equally divided votes
Rule 49
If a vote is equally divided on matters other than elections, the proposal shall
be regarded as rejected.
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CHAPTER. VII
COMMITTEES AND SUBSIDIARY ORGANS
Establishment
Rule 50
In addition to the General Committee, the Drafting Committee and the Credentials
Committee, the Conference shall establish three Main Committees, the competence of
which shall be determined by the Conference. The Conference and each Committee may,
subject to rule 17, establish subsidiary organs (sub-committees or working groups).
Representation in Main Committees
Rule 51
Each State participating in the Conference may be represented by one person on
each Main Committee. It may assign to these Committees such alternate representatives
and advisers as may be required.
Statements to restricted organs
1,alle 52
Any State participating in the Conference that is not a member of a Committee or
subsidiary organ shall have the right to explain its views to that body on any proposal
that that State has made when that proposal is under consideration, providing that no
co-sponsor of the proposal is a member of.thatbodY.
Drafting Committee .
Rule 53
1. The Conference shall aproint a Drafting Committee to serve for all sessions.
The Drafting Committee shall consist of 23 members, including its Chairman; the
Ra7vorteur-General may participate in the Drafting Committee, without the right to
vote. It shall, without reopening substantive discussion on any natter, formulate
drafts and give advice on draftin?-, as requested by the Conference or by a Main Committee,
co-ordinate and refine the drafting of all texts referred to it, without altering their
substance, and report to the Conference or to the Main Committee as appropriate. It
shall have no power of or responsibility for initiating texts.
2. Without prejudice to paragraph 1 of this rule, the sponsor or a representativc
of the group of sponsors of a proposal shall be invited to the appropriate meetings of
the Drafting Committee and may participate, without the right to vote, in the
discussion at the discretion of the Chairman, in case the Conference or a Main Committee
decides to refer that proposal to the Drafting Committee without taking a decision
thereon.
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Officers and elections
Rule 54
Except in the cases of the officers of the Main Committees and the Chairman of
the Drafting Committee, each committee and subsidiary organ shall elect its own officers.
The elections shall be held by secret ballot unless the committee or organ decides
otherwise in an election where only one candidate is standing. The nomination of each
candidate shall be limiteolto one speaker, after which the committee or organ shall
immediately proceed to the election.
Officers, conduct of business and votinR
Rule 55
The rules relating to officers, conduct of business and voting of the Conference
(contained in chapters II (rules 6-13), V (rules 22-36) and VI (rules 37-49) above)
shall be applicable, mutatis mutandis, to the proceedings of committees and subsidiary
bodies, except that:
(a) The Chairman of the General, Drafting and Credentials Committees and the
chairmen of subsidiary organs may exercise the right to vote.
(b) The presence of representatives of a majority of the States participating in
that session of the Conference shall be required for any decision to be taken on any
matter in a Main Committee; a majority of the representatives on the General, Drafting
or Credentials Committee or any subsidiary organ shall constitute a quorum.
(c) Decisions of committees and subsidiary organs shall be taken by a majority
the representatives present and voting, except in the case of a reconsideration of a
proposal for which the majority required ghall be that established by rule 36.
(d) Rule 37 shall be applied to the Main Committees, provided that a
determination pursuant to paragraph I shall require a majority of the representatives
present and voting, the deferment of the question of taking a vote by the Chairman of
the Committee in conformity with subparagraph 2 (a) shall not exceed five calendar days
and the assistance specified in subparagraph 2 (c) shall be rendered the Chairman by
the officers of the Committee.
CHAPTER VIII
LANGUAGES AND RECORDS
Languakes of the Conference
Rule 56
Chinese, English, French, Russian and Spanish shall be the languages of the
Conference.
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Interpretation
Rule 57
1._ Speeches made in any language of the Conference shall be interpreted into
the other such languages.
2. Any representative may make a speech in a language other than a language of
the Conference. In this case he shall himself provide for interpretation into one of
the languages of the Conference and interpretation into the other such languages by the
interpreters of the Secretariat may be based on the interpretation given in the
first such language.
r,-criT of rr,ctirers
Rule 58
1. Summary records of the plenary meetings of the Conference and of the meetings
of the Main Committees shall be kept in the languages of the Conference. As a general
rule, they shall be circulated as soon as possible simultaneously in all the languages
of the Conference, to all representatives, who shall inform the Secretariat within
five working days after the circulation of the summary record of any changes they wish
to have made.
2. The Secretariat shall make sound recordings of meetings of the Conference
and the Main Committees and of other committees and subsidiary organs when they so
decide.
CHAPTER IX
PUBLIC AND PRIVATE MEETINGS
Plenary and committee meetings
Rule 59
The plenary meetings of the Conference and the meetings of committees shall be
held in public unless the body concerned decides otherwise.
Meetings of subsidiary organs
Rule 60
As a general rule meetings of subsidiary organs shall be held in private.
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Communiques to the press
Rule 61
At the close of any private meeting a communique may be issued to the press
through the Executive Secretary.
CHAPTER X
OBSERVERS
Representatives of the United Nations Council for Namibia
Rule 62
1 The United Nations Council for Namibia may designate representatives to
participate, without the right to vote, in the deliberations of the Conference and the
Main Committees and, as appropriate, the subsidiary organs.
2. Written statements of the Council shall be distributed by the Secretariat to
the delegations at the Conference.
Observers for intergovernmental orenizations
Rule 63
1. The specialized agencies, the International Atomic Energy Agency and other
intergovernmental organizations invited to the Conference may designate representatives
to participate as observers, without the right to vote, in the deliberations of the
Conference, the Main Committees and, as appropriate, the subsidiary organs, upon the
invitation of the President or chairman, as the case may be, on questions within the
scope of their activities.
2. Written :statements of such observers shall be distributed by the Secretariat
to the delegations at the Conference.
Observers for non-governmental organizations
Rule 64
1. International non-governmental organizations invited to the Conference may
designate representatives to sit as Observers at public meetings of the Conference and
its Main Committees.
2. Upon the invitation of the President or chairman, as the case may be and
subject to the approval of the body concerned, these representatives may make oral
statements on questions within the scope of their activities.
3. Written statements submitted by these non-governmental organizations on
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subjects in which they have a special competence and which are related to the work of the
Conference, shall be distributed by the Secretariat in the quantities and in the
languages in which the statements were made available.
CHAPTER XI
AMENDMENTS TO THE RULES OF PROCEDURE
Method of amendment
Rule
These rules of procedure May be amended by a decision of the Conference taken by
the majority specified in paragraph 1 of rule 39, after the General Committee has
reported on the proposed amendment.
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APPENDIX
DECLARATION INCORPORATING THE "UNTLEMAN'S AGREEMENT" 1/ MADE BY THE PRESIDENT
AND ENDORSED BY THE CONFERENCE AT ITS 19TH MEETING ON 27 JUNE 1974
"Bearing in mind that the problems of ocean space are closely interrelated and
need to be considered as a whole and the desirability of adopting a Convention on the
Law of the Sea which will secure the widest possible acceptance,
"The Conference should make every effort to reach agreement on substantive matters
by way of consensus and there should be no voting on such matters until all efforts at
consensus have been exhausted."
(144
1/ Approved by the United Nations General Assembly at its 2169th meeting on
16 November 1973.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/L.2
19 June 1974
ORIGINAL: ENGLISH
Second session
Caracas, 20 June to 29 August 1974
LIST OF INTERLSTED NON-GOVLRNMENTAL ORGANIZATIONS HAVING
CONSULTATIVL STATUS WITH THE ECONOMIC AND SOCIAL COUNCIL
1. Under paragraph 8 of resolution 3067 (XXVIII), the General Assembly requested the
Secretary-General to invite to the Conference:non-governmental organizations in
accordance with paragraph 9 of resolution 3029 A (XXVII), which reads as follows:
9. Requests the Secretary-General, subject to approval by the Conference,
to invite interested non-governmental organizations having consultative status
with the Economic and Social Council to send observers to the Conference.
2. The following non-governmental organizations &laving consultative status with the
Economic and Social Council have expressed the desire to be included in the list to be
presented to the Conference for approval;
CATLGORY I
International Chamber of Commerce
International Confederation of Free Trade Unions
International Co-operative Alliance
International Council of Women
International Student Movement for the United Nations
United Towns Organization
World Confederation of Labour
World Federation of United Nations Associations
CATLGORY II
Carnegie Lndowment for International Peace
Friends .?!orld Committee for Consultation
C-0015
14-197R7 05
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(714.TEGOn II (continued)
International Air Transport As
International Bar Association
International Chamber of Shipping
International Council of Environmental Law
Intenational Council of Scientific Unions
International Federation for Human Rights
Inte:national gotel Association
International Law Association
Tnternational Organization of Consumers Unions
N-
vternational Union for Conservation of Nature and Natural Resources
Iran American Federation of Engineering Societies (UPADI)
Women's International League for Peace and Freedom
World Association of World Federalipts
Wzs.rld Peace Through Law Center
ROSTER
Asian Environmental Society
Forests Institute for Ocean and Mountain Studies
Friends of the Earth (F.O.E.)
Inter-American Council of Commerce and Production
International Association for Religious Freedom
International Institute for Environmental Affairs
International Ocean Institute
International Studies Association
Latin American Association of Finance Development Institutions
Mutual Assistance of the Latin American Government Oil Companies
National Audubon Society
Sierra Club
Scciety for International Development
United Seamen's Service
World Federation c:f Scientific Workers
World Society of Ekistics
oec71La7.7-General proposes, upon approval of the list by the Conference, to
Invitut-nns to the orstnitations in conformity with the provisions of the
above-mentioned re441 Jut ions.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA'
PROVISIONAL
For participants
A/CONF.62/SR.46
-31 July 1974
ORIGINAL: ENGLISH
only
Second Session
PROVISIONAL SUMMARY RECORD OF THE FORTY-SIXTH PLENARY MEETING
Held at the Parque Central, Caracas,
on Monday, 29 July 1974, at 10.20 a.m.
President:
CONTENTS
Mr. AMERASINGHE
Progres of work of the session: statements by the Chairmen of the
ommittees
General statements (continued)
Introduction of working paper A/CONF.62/L.4
Invitation to national liberation movements recognized by the Organization of
African Unity or by the League of Arab States to participate in the Conference
as observers (continued)
Sri Lanka
Corrections to this record should be submitted in one of the four working languages
(English, French, Russian or Spanish), preferably in the same language as the text to
which they refer. Corrections should be sent in quadruplicate within five working days
to the Chief, Documents Control, Room 9, Nivel Lecuna, Edificio Anauco, and also
incorporated in one copy of the record.
AS THIS RECORD WAS DISTRIBUTED ON 31 JULY 1974, THE TIME-LIMIT FOR CORRECTIONS
WILL BE 7 AUGUST 1974.
The co-operation of participants in strictly observing this time-limit would be
greatly appreciated.
C-5293
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PROGRESS OF WORK OF THE SESSION: STATEMENTS BY THE CHAIRMEN OF THE MAIN COMMIXES
Mr. ENGO (United Republic of Cameroon) said that the First Committee
expected to complete the first phase of its work - the removal of the square brackets,
alternative texts and repetitions - by the end of the week. The Committee had not
yet succeeded in producing the texts and alternatives that had been hoped for; it
was therefore not yet possible to begin direct negotiations. Nevertheless, work
on the first 23 articles would be completed very shortly. The officers of the
Committee had been trying to ascertain the extent to which opinions differed on
the question of the final negotiations. The main problem was the political and
economic consequences of sea-bed exploitation.
The Committee had heard UNCTAD's views on the economic consequences of sea-bed
exploitation; the representative of a highly industrialized country- had subsequently
stated that he could not accept UNCTAD's conclusions or the premises on which they
were based. The officers of the Committee had considered it appropriate, in order
to make the work of the Committee more productive, to begin preliminary discussions
to enable the developed countries to present their case and to allow the Committee
to consider the technical and political aspects of the problem. The proposed
procedure appeared to enjoy general support. He hoped that the discussions would
make it possible to take political decisions on the question of exploitation.
The informal working group of the uhnle would present its preliminary report
to the Main Committee the following day.
Mr. AGUILAR (Venezuela) said that the Second Committee, acting on a
decision taken at its first meeting, was dealing with the items on its agenda one
by one. It was considering a number of informal working papers prepared by the
officers of the Committee and by the Chairman to identify the main trends and
produce acceptable formulas. The Committee had completed its work on item 2; a
revised version of the informal working paper on the item was to be issued shortly.
The discussion of item 3 had been deferred because of the item's close links with
other topics. The Committee had concluded its general debate on item 4; the officers
of the Committee had prepared a working paper that was due to be distributed that day.
It was hoped to conclude the general debate on item 5 that day and to move on to
item 6. He hoped that it would be possible to complete consideration of items 2 to 7
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(Mr. Aguilar, Venezuela)
by the end of the week and to prepare a working paper for each, topic. e If that
were done, it would help to set the process of negotiation in motion and to move
towards a package deal.
The Committee was aware of the limited time available and had already decided
4
to limit the length of statements to Tweety-four draft articles had
been received so far. The Committee would continue to hold formal and informal
meetings twice a day.
With only 24 working days remaining, the Conference was working against the
clock;, he stressed the importance of beginning the negotiating process as soon as
possible.
Mr YANKOV (Bulgaria) said that the Th:rd Committee had met in formal
session the Previous Friday to discuss the progress reports on the informal
discussions on items 12, 13 and 14. A number of formal proposal's had been submitted
on item 12; more were expected. At the request of the Committee, the Secretariat
had prepared and issued comparative tables of proposals and 'a report on problems
of acquisition and transfer of marine technology (A/CONF.62/C.3/L.3). The
Helsinki Convention on the Protection of the Marine Environment of the Baltic Sea Area
was also before the Committee as an illustration of some original arrangements
to fight pollution.
He stressed the importance of t:ee work done in the informal meetings and said
that negotiations proper had begun in the course of those meetings.
Three meetings had been devoted to the. subject of marine pollution; five out
of 10 items had been reviewed with their related draft articles. Ap_many members
had wanted, the formal meetings had reviewed the work done in New York in March 1973
and in Geneva subsequently. He hoped that once the review was completed the
informal meetings would lead to the production of draft treaty articles, although
no common text had been agreed on as yet.
The comparative table included material on jurisdiction and enforcemnt. The
crux of that problem in the Third Committee was the extent of the rights and duties
of coastal States. The Committee's working procedure was to consider amendments
to the texts before it, and its work was recorded in conference room papers. The
final work of consolidation would be ."one by small consultation and drafting groups
which, although open-end, would consist at least of the authors of proposals.
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(Mr. Yankov, Bulgaria)
Three informal meetings had been held to discuss items 13 and 14. Although the
meetings had been informal, delegations had shown c. keen interent: there had been
132 speakers and 13 informal proposals. The basic material for the discussion had
been the proposals of Sub-Committee III of the Sea-Bed Committee in 1973, and the
meetings of the Working Group in Geneva in 1973. He -drew attention to the fact
that there had been no proposals submitted on the acquisition and transfer of
technology. He urged delegations specifically interested in the matter to submit
proposals on that subject.
The over-all conclusions to be drawn from the Committee's work were: firstly,
negotiations proper had begun, and the informal meetings provided an appropriate
climate for them. Secondly, the main problems in the discussions referred to the
extent of coastal State jurisdiction and the rights and obligations of other States.
Much progress would be made if a way could be found to clear up that issue. Thirdly,
although there was no need for panic, he wished to bring a sense of urgency to the
Conference. Although the hopes of those representatives who had expected a complete
convention in 10 weeks were bound to be frustrated, and further time was needed to
generate the political will for negotiations, there was a greater need for
consultations with regional groups and individual delegations, especially those
submitting proposals and those holding extreme positions. Although there was a
desire to accelerate the work of the Conference, the proper machinery must be
provided.
The PRESIDENT observed that, having heard the reports of the Main Committees,
he felt the situation was less bleak than he had feared. As the Conference
approached the end of the sixth week of its work, it must take stock in order to
determine how the remaining weeks were to be used and what it should seek to achieve
before the end of its session in Caracas. In view of the number of issues on which
there were various degrees of divergency of opinion and position, it was too much
to expect that a treaty or convention could be concluded at the session. The
Conference must therefore consider what alternative course it should follow. He had
held consultations with the Chairmen of the three gain Committees and with various
delegations and wished to Bug:lest that the Conference should try to achieve some
measure of agreement on basic issues. A statement of agreement on those issues might
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(The President)
constitute the final document of the session though that statement should not be
confused with a declaration of principles. Ideally, it should take the form of
acceptance of certain definite texts. If that proved impracticable, the agreement
should at least be stated in precise terms and, as far as possible, in treaty
language. For that purpose, the Committees should be given as much time as possible
to secure agreement on fundamental issues; at the appropriate moment, the President,
in consultation with the Chairmen of the three Main Committees, should present to
the Conference a statement of agreement of fundamental issues. It would be most
desirable to secure acceptance of any text by general agreement. The Committees
would have to decide how to deal with alternative texts. Any decision taken at
that stage would be subject to review by delegations in the light of their success
in securing acceptance of their position on other issues.
There were certain problems for which it was impossible to devise a uniformly
applicable rule. It would therefore be practical to devise a rule which would be
basic to all situations but which allowed for regional arrangements to be made to
suit special situations and circumstances. He commended that procedure to the
Conference as one that would enable it to achieve some tangible results, not only
by demonstrating to Governments that delegations were seriously intent on preventing
a loss of momentum, but also by securing a document which would provide the basis
for the resumption of the Conference's work and negotiations at the following
session. It would also be a clear indication to international public opinion that
a conscientious effort had been made in Caracas to promote agreement and to advance
towards the conclusion of a generally acceptable convention.
If the measure of agreement and degfee of progress he had in mind could be
? attained in Caracas, there was every prospect of concluding the final treaty or
convention at the following session, which, it had been suggested, might be held in
the spring, rather than in July or August, of 1975.
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G2NRaAL STATEMENTh (continued)
Mr. TEMPLETON (New Zealand) obserted that his delegation had not participated
in the general debate. He now wished to introduce, as a member of the New Zealand
delegation, the Prime Minister of the Cook Islands, a territory closely associated
with New Zealand. Although the Cook Islands were self-governing, they maintained very
close links with New Zealand. The territory WER''? moving towards complete independence
end had its own views on the matters being discuesed by the Conference.
Sir Albert HENRY (New Zealand) said that he was impressed by the consideration
that the Conference was giving to the developing countries, but he also felt some
concern as to whether the circumstsaces of smell island countries such-as his own
were fully appreciated by those who had the influence and strength to decide the
matters before the Conference.
The Cook islands consiated of 15 suall islands scattered over the South Pacific,
several hundred mile east of Fiji, Tenga aad Westeen Samoa and west of French
Polynesia, thousands of miles south of the Hawaiian Islands and nearly 2,000 miles
noleh-eaet of New Zealand. it toaal area was 93 square miles and its population
22,000.
Until it became self-goveraing on 4 August 1965, under the auspices and with the
appioval of the United Vationa, his courtry had been administered by New Zealand, to
which it was very grateful. It had chosen to continue an association with that country,
Inder which New Zealand had responsibility :or its external affairs and defence, but in
consultation with it. That arrangement could be altered unilaterally by the Cook
I:lands at any time. His Government was coneieering whether to take further steps
aaards fall indepeecienee; but the present position of his country on the matters
the Conference should not diifer in any vay from the position it would take if
it aere a fully inleeendent sovereign State. His country was proud to be self-governingio.
in a free association with New Zealand: it was not under anyone's domination or control.
The Cook Islands should therefore have the saue benefits as sovereign States with
regard to the economic zone.
Me greatest drawback to his country's development had been its geographic
losition: a group of tiny islands scattered over the Pacific Ocean, remote and
'ealatel. Communications and transport were difficult and expensive and hampered
trading and economic development. The lend mass was small and there were no minerals or
eimilar products which could be used commercially to develop the economy.
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(Sir Albert Henry, New Zealand)
The sea was as important as the land to the people of small Pacific islands,
particularly on islands of coral atoll formation where there was very little soil
or vegetation. Nearly half the Cook Islands were such atolls, although the principal
island, Rarotongo, was volcanic in origin and contained good arable land. The sea
provided the only source of protein, the bulk of the food, and a small income from
pearl shell and fish.
His Government realized that the sea could become a dominant factor in the
development of the country's economy. Despite a significant increase in the budget,
reliance on external aid had decreased from about 80 per cent in 1965 to about
40 per cent at present. With the right of free entry into New Zealand, however, his
country had lost 14,000 of its population - apart from the 22,000 still living in the
islands. The sea might offer the only chance of attracting people back by strengthening
the country's economy and broadening its economic base.
A small-scale commercial fishing industry had recently been started, but demands
within the islands would have to be met before the sale of fish overseas could be
considered. With virtually no continental shelf, feeding grounds and the density of
fish were relatively limited.
Advances in technology, however, might facilitate the discovery and extractions
of minerals from the sea-bed round the islands, in which case it would be only just
for the Cook Islands to receive the benefits. In view of the many hundreds of miles
separating the Cook Islands from its nearest neighbours, an economic zone of 200 miles
round each island would not give rise to any significant problems with its neighbours.
His country strongly supported the concept of such an economic zone.
It would be unfair and inequitable to limit the size of his country's economic
. :zone by reference to its land mass or population, both of which were very small by
world standards; but the Cook Islands had been recognized as a self-governing country
by the United Nations and should therefore be treated as the equal of 'much larger
countries. He hoped that the Conference,wouldpay special attention to small island
countries. In appealing for reoognition of their position, he included his neighbours
in the Pacific, some of Which were not directly represented at the Conference. Those
countries, like his own, were dependent on the sea: it did not seem reasonable that
they should also be deprived of the full benefits of an economic zone.
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(Sir AlbertHenry, New Zealand)
He hoped that special consideration would also be given to countries in Africa,
Asia and Latin America which - as he had learnt from attending the Conference - suffered
the same problems as his own country, and that means would be found to ensure that they
received a fair share of the seas resources.
Mr. POPPER (Assistant Director-General (Fisheries) of FAO) said that he
was grateful for the opportunity of addressing perhaps the greatest and most important '
United Nations Conference ever convened.
He proposed to speak about two matters of concern to FAO and to the Conference:
first, the state and prospects of world fisheries and, secondly, the activities of
FAO and other international organizations in furthering rational utilization of fishery
resources and ensuring their full contribution to world nutrition and economic
development.
His organization had presented a detailed report on the exploitation of world
fish resources to the Sea-Bed Committee in 1973, and that document, revised and
updated, would be distributed to participants of the Conference under the title
"Review of the Status of Exploitation of the World Fish Resources". It contained
detailed statistics for marine and inland stocks for 1972, the last year for which
complete statistics were available.
The over-all statistics 3-nowed a decline in marine catches from over 60 million
tons in 1970-71 to 56 million tons in 1972. The estimated figure for 1973 was
54 million tons. The 10 per cent drop between 1970-71 and 1973 reflected a dramatic
decline in the catch of Peruvian anchoveta from 13.1 million tons in 1970 to 4.8 million
in 1972 and 2.3 million in 1973. Energetic conservation measures by the Government
of Peru seemed, however, to be bringing about recovery.
The world catch of other marine fish had increased by 8 per cent from 47.6 million
tons in 1970 to 51.4 million in 1972. The majority of fisheries of more attractive
stocks - e.g. larger demersal species, lobster, shrimp, tuna, etc. - were probably
fully exploited, but the number of seriously depleted stocks was quite small. Whales
and other marine nmmmals were endangered because of their slow reproductive rate. There
was also depletion of stocks where one species had been heavily exploited and replaced
by another competing species.
In the case of Alaska pollock in the north Pacific and mackerel in the north-west
Atlantic, catches were now approaching the tolerable limits. Exploitation in the
south-west Atlantic and in the Arabian Sea could be expanded.
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(Mr. Poppert FAO)
Estimates made in 1965 for the Indicative World Plan showed the annual potential
yield of conventional marine species of fish, crustaceans and molluscs to be
, 118 million tons.. The world catch had then been 43 million tons, or 36 per cent of.
the estimate. By 1972, 50 per:cent-of the potential had been harvested, leaving room
for substantial increases, except in the case of fully or over-exploited stocks.
Increases would depend on technological progress in locating and catching
currently unexploited stocks. New or modified products from such catches had to be
introduced. Fish farming, which already accounted for 5 million tons annually, was
also promising. Coastal aquaculture and intensified fish culture in inland waters
should make it possible to increase production tenfold in three decades.. Research
was needed to improve techniques; adequate finance, personnel training and over-all
planning were required; and protection of coastal waters from pollution was essential.
Considerable gains could be made by avoiding waste both at the catching stage
and during the handling and distribution processes, and FAO was giving increased
attention to those problems.
The role of FAO was to promote international co-operation in the rational
management of living resources. Many major fisheries were of international concern,
either because the fishing took place on the high seas, or because the fish moved
between areas under different national jurisdictions. Those aspects were of special
interest to FAO as the United Nations specialized agency responsible for the
conservation, sound management and development of marine living resources. FAO had
established regional fishery commissions in areas where coastal States were
predominantly developing countries.
Development was inseparable from management,. FAO was accordingly expanding the
activities of its fishery commissions to help developing countries increase their
fishing capability and strengthen their industries. Three regional development
programmes - in the Indian Ocean, South China Sea and East Central Atlantic - had been
launched with assistance funds provided by the United Nations Development Programme.
Regional fishery bodies had been established outside FAO in the Atlantic and
Pacific Oceans, and FAO co-operated with them in the rational management of fish stocks.
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(Mr. Popper, FAO)
The governing bodies had promoted co-ordination among the commissions to study
interactions between fisheries and to eliminate diversion from one area to another.
Effective regimes in adjacent areas facilitated enforcement and sound management.
In 1965, FAO had established the Committee on Fisheries as a world-wide
intergovernmental forum, Each year the Committee reviewed international fishery
problems and considered possible solutions through concerted action. Since 1971, for
a trial period of four years?ersnip of the Committee was open to any interested
FAO member countries. The Committee had considered its possible future responsibilities,
and decided at its tnat, after t:A2 four-year trial period and in the
light of the Conference's results, it would review its structure, status and functions.
The Conference of FAO, at which over 130 member States were represented, had
noted that FAO must play an increased role in management problems and in assistance to
countries and regional fishing bodies- Partial implementation in the technical sphere
need not await the conclusions of the Conference of the Law of the Sea. The FAO
Committee had postponed its annual session so that it could take into account the
Conference's results.
Close co-operation had been established between FAO and the Sea-Bed Committee and
he hoped that that co-operation would now be continued as between FAO and the
Conference, for which FAO would be happy to provide information or documentation.
INTRODUCTION OF WORKING PAPER ,CO-.
Mr. TUNCEL (Turkey) said that he assumed that all delegations had _seen
document A/CONF.62/L.4. If that document was submitted to the plenary Conference for
discussion, he would have to raisea ?oint of order. It should be referred to the
Second Committee without examination. Discussion of such a document in the plenary
would result in unnecessary duplication.
The PRESIDENT said that accumn, ,:/CO3..i.62/L.4 was bein: introauced
in the plenary Conference because the subjects it covered did not fall exclusively
within the mandate of any one of the three Nain Committees. The document would be
formally introduced and then referred to the Second Committee.
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He asked the representative of Turkey if he wished to rRise his point of order at
the present stage.
Mr. TUNCEL (Turkey) said that he would prefer to wait until the matter had
been discussed before deciding whether it would be necessary.
The PRESIDENT said that there could be no discussion of the matter.
Mr. BAKULA (Peru), speaking on a point of order, suggested that the President
should ask the sponsors of the working paper whether, in view of the situation that had
arisen, they might not consider it more appropriate to discuss it in the meeting of the
Second Committee scheduled to follow the present plenary meeting.
Mr. BEESLEY (Canada) said that the President himself had pointed out that the
document was beyond the scope of any one Committee. The protection and preservation
of the marine environment, for example, and scientific research were matters for the
Third Committee. Introducing it in the SecOnd Committee might also give rise to a
procedural discussion. It was preeisely because the document was based on an integrated
approach and raised fundamental questions for each committee that, he had asked to present
it in the plenary meeting. He had no objection to a point of. order and a ruling by
_ .
the President, or even a vote, provided the question was settled withoutdelay!
Mr. KNOKE (Federal Republic of Ge7many),raisihg a point of order, moved: that
the document should not be introduced or discussed in the plenary meeting as it .as a
subject for the Second Committee.
The PRESIDENT, in accordance with rule 25 of the rules of procedure
(A/COFF.62/30/Rev.1), ruled that the introduction of document A/CONF.62/L.4 in the plenary
meeting was in order, but that there should be no discussion or examination of it in
that forum. His reasons were that any delegation had the right to choose the forum in
,which it introduced a proposal. Proposals, in strict constitutional terms, should be
made to the Conference, despite the fact that aubjects and issues were assigned to the
Main Committees. That was an act of delegation by the Conference: it indicated the
precise subsidiary organ of the Conference to which proposals should be referred but
did not extinguish the right to which he had referred. If a proposal was introduced
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(The President)
in the Conference, the Conference took the decision to refer it to the appropriate
subsidiary organ. If a delegation chose, for reasons of convenience or other
reasons, to introduce a proposal in the first instance in a Committee, it was free to
do so. The procedure to be followed in the present instance should not be regarded
as a special privilege extended to the sponsors of document A/CONF.62/L.4: it would
be extended to others who wished it to be applied to their proposals. He could only
appeal to delegations to exercise discretion and restraint in resorting to that
procedure. In that connexion he felt that the observations made by the representatives
of Turkey and Peru were not without merit, especially in view of the limited time
available and the paramount necessity of avoiding any encroachment on the time of the
Main Committees, where the principal burden of responsibility for hammering Out a
convention rested.
Mr. KEDADI (Tunisia) appealed against the President's ruling.
The PRESIDENT said that, in accordance with rule 25 of the rules of
procedure (A/CONF.62/30/Rev.1), he would put the appeal to the vote.
At the request of a number of representatives, a vote was taken by roll-call on
Tunisia's appeal, agaipst the President's ruling to allow the representative of Canada
to introduce working paper A/CONF.62/L.4 3t the plenary meeting.
Somalia havin been drawn b lot b the President was called u n to vote first.
Sudan, Thailand, Togo, Tunisia, Turkey, Uganda, Ukrainian SSR,
Union of Soviet Socialist Republics, Albania, Algeria, Bangladesh,
Barbados, Belgium, Brazil, Bulgaria, Byelorussian SSR, Cuba,
Czechoslovakia, Dahomey, Ecuador, El Salvador, France, Gambia,
German Democratic Republic, Germany (Federal Republic of), Hungary,
Iran, Iraq, Italy, Japan, Luxembourg, Madagascar, Mongolia,
Morocco, Peru, Poland, Romania, Singapore
Against: Somalia, South Africa, Spain, Swaziland, Sweden, Tonga, Trinidad
and Tobago, United Kingdom, United Republic of Cameroon, United
States of America, Venezuela, Western Samoa, Yugoslavia,
In
favour:
05S
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Argentina, Australia, Bahamas, Botswana, Burma, Canada, Chile,?
China, Colombia, Costa Rica, Cyprus, Dominican Republic, Egypt,
Fiji, Ghana, Greece, Guatemala, Guinea, .Guyana, Iceland, India,
Indonesia, Ireland, Israel, Laos,. Lesotho, Mali, Mauritius,
Mexico, New Zealand, Nicaragua, Nigeria, Norway, Panama,
Philippines, Senegal, Sierra Leone
Abstaining: Sri Lanka, Switzerland, United Republic of Tanzania, Upper Volta,
Uruguay, Zaire, Zambia, Afghanistan, Austria, Bahrain, Bhutan,
Bolivia, Burundi, Congo, Democratic People's Republic of Korea,
Democratic Yemen, Denmark, Ethiopia, Fin/and, Honduras, Ivory
Coast, Jamaica, Kenya, ? Khmer Republic, Kuwait, Lebanon, Liberia,
Libyan Arab RepubLIc, Malaysia, Malta, Mauritania, Nepal,
'Netherlands, Pakistan, Paraguay, Portugal, Qatar, Republic of
Korea, Republic of Viet-Nam
The Tunisiaa_upeal against the President's ruling was reilected by 50 votes to 38,
with 39 abstentions.
-
Mr. BEESLEY (Canada), introducing the working paper sponsored by the delegations
if Canada, Chile, Iceland, India, Indonesia, Mauritius, Mexico, 'New Zealand and Norway
.14./CONF.62/L.4), said that it embodied a broad conceptual approach to the fundamental
)roblems of the law of the sea and was intended as a framework for discussion. The paper
uas being introduced in plenary not only because the subject wont beyond the mandate of
my one Committee, but also, and perhaps moae compellingly, hecaute the half-way point
af the Conference had come without agreement having been reached on a single draft
.rticle. The working paper W?s being put forward as a possible basis for negotiations.
The countries which ha a sponsored tha arorking paper ?were from widely separated
eographical regions and their approachb7 covered a broad spectrum of views on the basic
Issues facing the Conference. Although all the sponsor.:, were coastal States, their
oncerns were diverse: some had important shipping interests and others no mercantile
'ieet; some were dependent upon their coastal fisheries and others fished in distant
-aters; some had broad continental shelvl,s and others no geological shelv(--;; some had for
_any years adhered to the 200-mile limit and others to the 12-mile limit; and some were
nolly archipelagic while others were not. Mast important of all, the group of sponsors
*ncluded both developed and developing culntries.
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(Mr. Beesley, Canada)
While a broad range of interests was represented in the working paper, the sponsors
nevertheless recognized that there were other intere7'; groups with which negotiations
should begin as soon as possible. They wished to stress that the document was not
intended to replace any of the proposals they had made earlier in the Conference, was
being presented without prejudice to their declared positions and did not necessarily
reflect their final positions.
It was the view of the sponsors and of many other delegations which he had
consulted that, if the Conference was to produce any concrete results, certain broad
trends evAent in the deliberations of the Sea-Bed Committee and the discussions at the
Conference should be reflected in the form of basic articles on which agreement should be
sought before the end of the session. It was for that reason that the sponsors had
attempted to reflect in the paper the fundamental concepts which would ultimately be
embodied in the future Convention on the law of the zea.
The pont of departure cf the sponsors and those with wrom they had collaborated
was that the existing law of th r_c wns ineor7lcte,inadequate and anachronistic.
Indeed, there seemed to be general agreement among the States represented at the
Conference that there must be a radical restructuring of existing law in order to
ensure a peaceful world and to avoid the further deterioration of the present chaotic
situation of conflicting claims, counter-claims and disputes.
The present lay of the sea was based on two seemingly mutually exclusive
principles, rely the principles of sovereignty and of freedom of the high seas.
While it was obvious that neither of those principles could be abandoned entirely, it
was equally clear that a law of the sea based solely on those principles no longer
sufficed. It was the firm conviction of the sponsors of the working paper that the law
of the future mot be based on now and imaginative concepts, such as the economic zone,
the patrimonial sea and the common heritage of mankind while at the same time retaining
those prirciples which were still relevant in today's world.
The working paper was based on the principle of the 12-mile territorial sea linked
organically to an economic zone or patrimonial sea extending 200 miles from the
-aaselines of the territorial thr.a. Thus, the traditional concept of a relatively
.arrow territoriaL sea was retaincd, but it was linked to an extension of the coastal
:tate Jurisdiction, as reflected in the economic zone and patrimonial sea proposals.
:hose proposals each embodied three fundamental jurisdictions essential to the coastal
. . .
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. Bee6loy, uada)
crx: 46,1e rcsource:.! of the sea,
sovereign rights over the sea-bed, and the essential rights and duties required for
the -preservation of the marine environment. In addition to those three basic forms of
jurisdiction, the two proposals also embodied the concept of coastal State regulation
of scientific research within the economic zone or patrimonial sea. The working paper
was based upon that economic zone-patrimonial sea concept.
Another major trend which was developing at the Conference was reflected in the
paper,namely the doctrine of archipelagic waters both for oceanic archipelagos and for
coastal States with.off-lying archipelagos. As in the case of the economic zone-
patrimonial sea concept, only the basic principles were spelled out. It would be noted,
for example, that while the principle of innocent passage through archipelagic. waters
was embodied in the draft articles, further articles would be required to spell out the
precise regime and_ rules of passage through specified sea-lanes of the archipelagic ?
waters,-which the sponsors felt.. should be left in abeyance so as not to prejudge the
manner in which the closely related issue of the rules of passage through international
straits would be resolved.
.? 1.
With a view to maintaining relevant aspects of the principle of the freedom of the
high seas, certain articles were directed to ensuring the necessary freedom of
navigation in the economic zone-patrimonial sea, subject to the exercise of coastal
States of their rights within the area. Further articles had been included to protect
other users of the sea, on the one hand,and the coastal State, on the other hand,
from interference with the exercise of their respective rights in that area.
With regard to the reservation of the sea-bed for peaceful purposes - a question
exclusively within the mandate of the plenary - article 18 provided that the coastal
State would ensure that any exploration and exploitation activity within its economic
zone was carried out exclusively for peaceful purposes. Further articles would be
required in respect of the economic zone on such issues as fisheries and the
preservation of the marine environment.
The doctrine of the continental shelf, which was dealt with in article 19 of the
working paper, reflected customary, as well as conventional, international law. It was
both a legal and geomorphological concept and article 19 was intended as a basis of
discussion to replace the elastic and open-ended exploitability criterion. The
sponsors had drawn on the language of the 1969 decision of the International Court of
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(Mr. Beesley, Canada)
Justice (ICJ) in the North Sea Continental Shelf Case. Although they were fully aware
that some States had questioned the acquired rights of coastal States to the edge of
the continental margin, they believed that it would be unrealistic and inequitable to.
ignore the legal position of coastal States which had long ago established their
sovereign rights to the edge of the continental margin through State practice,
legislation, the issue of permits, bilateral agreements and even incorporation into
their constitution. The ICJ decision was significant in that it referred to the natural
prolongation of the land territory of the coastal State in more than half a dozen
cases. For States which had legislated to that effect, the issue was one of
territoriality and national integrity. Without prejudice to further negotiations on the
question of the delimitation of the continental shelf, the sponsors of the working
paper had considered it essential to include article 19.
In the working paper, the sponsors had recognized the need for equitable rights
of access for nationals of developing land-locked and geographically disadvantaged
States to the livine resources of the exclusive economic zones of neighbouring coastal
States and would shortly be presenting articles to that effect. Before doing so, they
hoped to receive the views of the land-locked and geographically disadvantaged States
themselves.
Throughout the paper a functional approach had been adopted to each of the issues
facing the Conference. It was quite clear that none of those basic issues would be
resolved unless there was negotiation in good faith with the objective of reaching
equitable solutions, acceptable to all. The sponsors were not suggesting that the
working paper provided the total anSwer to all the problems facing the Conference.
They did, however, feel very strongly that there could be no successful Convention
which did not reflect in one way or another the basic approach embodied in the working
paper, an approach shared by a very large number of States.
Mr. ZEGERS (Chile) said that the working paper introduced by the
representative of Canada was intended to provide the Conference with formulations on
some of the main issues to be resolved. Its main purpose was to facilitate agreement
and to make it possible, if generally approved, to sketch out a political solution
which would be a package deal. If the articles proposed in the working paper
(A/CONF.62/1,.4) were supplemented by provisions relating to the international sea-bed
062 /...
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(fr. :.(egers, Chile)
regime, straits used for international navigation and the high seas, all the main issues
facing the Conference would be covered. -
The working paper, - which reflected a wide range of interests - defined the three
areas of national jurisdiction, namely, the territorial sea, the economic zone and the
continental shelf. He would confine his observations to the second of those areas.
The economic zone or patrimonial sea was an area within the jurisdiction of the
coastal State, over which the coastal State exercised sovereign rights of a mainly
economic nature up to a distance of 200 miles, without prejudice to the freedoms of
navigation and overflight. Chile had been the first State to proclaim such a zone
in 1947 and had reaffirmed its jurisdiction over the 200-mile area in the Declaration
of Santiago of 1952.
In the economic zone, which would extend for 188 miles beyond the outer limits
of the territorial sea, the coastal State would exercise sovereign rights for the
purpose of exploring and exploiting the natural resources of the sea-bed and subsoil and
the superjacent waters. The language used in the working paper was very similar to
that employed in the convention on the Continental Shelf and reflected the notions
of exclusive jurisdiction and control by the coastal State for specific purposes.
The draft articles also referred to such rights and duties of the coastal State in
%A
the economic zone or patrimonial sea aL, the preservation of the marine environment,
the conduct of scientific research and the power to authorize artiticial installations.
Under article 14 of the working paper, freedom of navigation and overflight would be
subject to the exercise by the coastal State Of its rights within the area.
The concept of the exclusive economic zone must be integrally preserved if it
was to be internationally acceptable. If diluted, it wbuld not satisfy the vast
majority of States.
As the representative of Canada had explained, the sponsors had recognized in the
working paper the need to provide for equitable rights of access for nationals of
developing land-locked and geographically disadvantaged States. They proposed that the
future Convention should delineate the general principles of such access and leave the
details to be worked out in regional, subregional and bilateral agreements.
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(Mr. 7erzers, Chile)
The representative of Canada had already outlined the scope of the articles on the
continental shelf, which was defined on the basis of legal and geomorphological
criteria. That definition reflected the criterion of exploitability, which was part of
international customary law, and the acquired rights it connoted.
Articles 8 and 10 of the working paper expressly provided that the legal regime
of the archipelagic States should not affect the established r6gime concerning
coastlines deeply indented and cut into and the waters enclosed by a fringe of islands
along the coast. Article 4, which also referred to that regime, was substantially
the same as its counterpart in the Geneva Convention on the Territorial Sea and the
Contiguous Zone.
Mr. ENGO (United Republic of Cameroon) said that his delegation had had the
impression that the question under discussion was the right to issue document
A/C0NF.62/L.4 and the right of the Canadian representative to make a brief introductory
statement, on the understanding that there would be no debate and that the document
would be referred to the appropriate Committees. There now appeared to be a list of
speakers, namely the sponsors of the document, and despite the President's ruling,
there seemed likely to be a one-sided debate. Could the President assure his
delegation that there would be no more statements at the present meeting and that the
sponsors would speak in the Committees?
The PRESIDENT said that he, too, was dismayed at the turn of events. He
could not refuse the other sponsors the right to speak, but he appealed to them: to make
their statements in the appropriate Committees and not to speak at the present meeting.
Mr. YAINCOV (3ulgaria) said that he agreed with the views of the
representative of the United Republic of Cameroon. He also asked the President
whether he intended to allow introduction and discussion in the plenary meeting of the
additional articles referred to in the n)nt-notes to articles 7, 13, 18 and 19 of the
document.
Mr. EVENSEN (Norway), Mr. TEMPLETON (New Zealand), Mr. JAGOTA (India),
Mr. TELLO (Mexico), Mr. GAYAU (Mauritius), Mr. ANDERSEN (Iceland) and Mr. AVWWANI
(Indonesia) consented, in the light of the appeal by the President, to withdraw their
names from the list of speakers on the understanding that they would be free to make
statements on the- draft articles when they -were considered in the Second Committee.
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.Mr. BEESLEY (Canada), replying to the question raised by the Bulgarian
representative, said that the sponsors would introduce in the plenary the various
additional articles referred to in the working paper only if more than one Committee
was involved.
The PRESIDENT, in replying to a question put by the representative of Gambia,
said that there would be no discussion of the draft articles in document A/C017.62/L.4
until the Second Committee had considered them.
INVITATION TO NATIONAL LIBERATION MOVEMENTS RECOGNIZED BY THE ORGANIZATION OF AFRICAN
UNITY OR BY THE LEAGUE OF ARAB STATES TO PARTICIPATE IN THr CONFED.ENCF AS OBSERVERS
(continued)
Mr. CISSE (Senegal) requested that the Seychelles Democratic Party, a
national liberation movement recognized by the Organization of African Unity, should
be asked to participate in the Conference. He said that its name had been
inadvertently omitted from the list drawn up previously.
The PRESIDENT said that the Secretariat had noted the Senegalese
representative's request and would comply with it.
The meetin,7 rose at 1.15 p.m.
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UNITED NATIONS
Press Section
Office of Pane Information
United Nations, N.Y.
(FOR USE OF INFORMATION MEDIA -- NOT AN OFPICIAL RECORD)
Press Release SEA/96
50 July 1974
LAW OF SEA CONFERENCE RECE D PROPOSIITALUDEELay_922242IgATI0N OF WORE,
PROGRESS REPORTS FROM COMMITTEES. NINE-POWER DRAFT ARTICLM
.(The following was received from a United Nations Information Officer
attending the Conference in Caracas.)
The President of the Third United Nations Conference on the Law of the
Sea, Hamilton Shirley Amerasinghe (Sri Lank), yesterday morning, 29 July,
suggested that the Conference seek to reach agreement in Caracas on basic
issues facing the Conference.
"This statement of agreement must not be confused with a declaration of
principles", he added, speaking at a plenary meeting of the Corierence. (For
the text of his proposal, see Press Release SA/97 of today's date.)
The Conference also heard yesterday morning statements by the Prime
Minister of the Cook Islands, Sir nibert Henry, and the representative of the
Food and Agriculture Organization (FAO), Frederick Popper.
Also, a set of proposed articles on the territorial sea, archipelagic
States, economic zone and continental shelf was presented by nine countries:
Canada, Chile, Iceland, India, Indonesia, Mauritius, Mexico, New Zealand and
Norway.
The Conference also heard reports on the progress of its three main
Committees.
Regarding the progress of work in Committees, the Conference heard the
following reports:
Paul Bamela Engo(United Republic of cameroot), Chairman of the First
Committee (sea-bed regime and machinery): The Committee expected to conclude
the second phase of its work by the end of this week so that it was not
appropriate for him to give more details at the moment. It was polishing
details that would enable it to draw up alternate texts, on which negotiations
could begin immediately thereafter. Controversial topics remained, including
the economic and social consequences of sea-bed exploitation, but he still
hoped that delegations would continue to co-operate fully in order to reach
general agreement.
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Press Release SEA/96
30 July 1974
Andres Aguilar (Venezuela), Chairman of the Second Committee (general
aspects of sea law): His committee had examined, one by one, a number of the
topics assigned to it as well as the informal working papers prepared by its
officers. The object of those papers was to define the various trends on
each topic which emerged from the debate.
The Chairman of the Second Committee reported that the discussion on the
territorial sea had concluded in his Committee and a preliminary report would
be distributed shortly. He also announced that another similar document on
the topic of straits was near completion and would be distributed later
yesterday.
Next week, he said, the Second Committee would conclude discussion on
all the items on its agenda. He emphasized that there was full awareness of
the limitations of time and co..1sequent1y the Committee would meet twice a
day and limit statements to 15 minutes each.
Alexander yankov (B41E4aria), Chairman of the Third Committee (marine
environment, research and technology): He reported that the Committee had
already received several formal proposals and underlined the importance of
the working sessions which had already examined five of the 12 items on pollution.
He deplored the fact that until now there had been no proposals on the
transfer of technology. On that he pointed out that, at the request of the
Committee, the Secretariat had distributed a study referring to the acquisition
and transfer of technology.
He explained that in the course of forthcoming meetings, questions
related to the economic exploration and exploitation of resources would be
reviewed. He added that there existed the will to speed up work in the hope
of arriving at concrete results. In that sense, he pointed to the optimistic
attitude existing among the Committeels participants. "There exists a
spirit of goodwill," he emphasized.
Sir Albert Henry (Prime Minister of the Cook Islands): In his first
participation during the Conference as an associate State of New Zealand, he
stated that his country could be considered as a geographically disadvantaged
State. He supported the recognition of a 200-mile economic zone for the
Cook Islands even though those islands could not be considered an archipelagic
State.
rrederick Popper (Assistant Director-General of FAO): He described the
world fisheries situation as well as the activities of FAO in its efforts to
achieve a rational use of fisheries resources. He listed statistics which
reflected a decrease in marine fishing, from 60 million tons a year in 1971
to 54 million tons in 1973 due mainly to the drop of Peruvian anchovies from
13 million tons in 1971 to 2.3 million tons in 1973.
(more)
067
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Press Release SEA/96
30 July 1974
Regarding the presentation of a working document, sponsored by Canada and
eight other countries, at the Conference, a lengthy discussion on procedure
resulted, since several delegations, principally Turkey, Tunisia and the
Federal Republic of Germany, were opposed to the fact that the document had
been submitted directly to the Conference and not the Second Committee. On
a point of order, Tunisia requested formally that the document not be presented
to the Conference.
President Amerasinghe, basing his opinion on article 25 of the rules of
procedure, decided to accept the presentation of the item in the plenary with
the understanding that there would be no debate an the document but only its
formal presentation. He added that all delegations had the right to choose
what organ of the Conference they wished to present their pxrposal to,
without curtailing the possibility that the Conference remit it to the
corresponding Committee for debate.
The representative of Tunisia accepted the President's ruling. The
Conference, in a roll-call vote, ratified the President's ruling, 50 votes in
favour to J8 against, with 39 abstentions.
J. ALan Beesley (Canada): The document was intended only to note the
beginning of the negotiating process in the Conference. If one were to arrive
at concrete results, it was essential that the principal trends Should be
clearly separated, and those, in turn, should be included in the basic
articles which would have to be approved before the Conference concluded.
The draft articles would include, in addition to the clacsic principles
of sovereignty and freedom of the seas, the concepts of economic zone, territorial
sea and the common patrimony of hu4.anity. With regard to the continental shelf,
that concept was reflected in the Geneva Convention of 1969, and in the case of
the continental shelf of the North Sea. Lastly, the need was recognized of
granting equal right of access to the living resources of the economic zones
for land-locked countries.
Fernando Zegers (Chile): The document his country co-sponsored was to be
understood as a contribution that could serve as a package so that from it could
rise agreements on the basic items of the Conference. The document recognized
what could be called the "trilogy of national jurisdiction": territorial sea,
economic zone and continental shelf.
The representative of Senegal asked, on behalf of the Organization of
African Unity, that the Democratic Party of the Seychelles be granted the
status of observer at the Conference, since it was a liberation movement on
that island. The President accepted the request.
The President's proposal on the organization of the work of the
Conference was expected to be discussed at a plenary meeting scheduled for
today, 56 July.
068
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UNITED NATIONS
Press Section
Office of Public Information
United Nations, N.Y.
(FOR USE OF INFORMATION MEDIA -- NOT AN OFFICIAL RECORD)
Press Release SEA/68
17 July 1974
PRESIDENT OF LAW OF SEA CONFERENCE HOLDS PRESS CONFERENCE ON 16 JULY
.(The following was received from a United Nations Information Officer
attending the Conference in Caracas.)
At a press conference held in Caracas on the morning of 16 July, the
President of the Third United Nations Conferene on 7,he Law of the Sea,
H. Shirley Amerasinghe (Sri Lamm), said tha. the Conference on 15 Ju.;.y had
wound up its initial stage of formidation of gel:eral ntatements made by 115
States. This stage had considerably served the participating countries in
clarifying their position regarding the forthcoming clscussions of the
Conference.
Mr. Amerasinghe also referred to the work being carried out by the three
committees on their agenda items. The First Committee, he explained, will
examine topics that refer to the exploration and exploitation, of the sea-bed
and the international authority which would administer that function.
?
The President declared that there was very broad agreement on the
creation of such an organ, but its structure and powers were still subject
to debate. Regarding this, there were two positions -- some considered that
it should only issue exploitation licences to third parties in the zones
under its jurisdiction; other believed it should have full administrative
and executive powers and be able to carry out the exploitation of resources
on its own, through mixed enterprioes or through coneessions to third parties.
This second position appeared te, have broad backing.
The Second Committee, he said, appeared to have reached some agreement
in reference to the 12-mile territorial sea and an economic zone of 200 miles.
Within this zone, the right of free passage was contemplated. The sovereignty
of the coastal State over the resources of its economic zone appeared to be
generally accepted.
The President said that land-locked States and those with no continental
platform were asking for preferential rights regarding the resources of the
international zone. The matter of archipelagos had also been raised. The
representative of Indonesia had expressed that the lands and waters that
constituted an archipelago should be considered a single entity. This brought
up a series of problems which would be examined by the Committee.
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Press Release SEA/68
17 July 1974
Regarding the Third Committee, Min. Amerasinghe said that it had already
started to examine the questions of marine pollution, scientific researCh
and transfer of technology. The problem of pollution, generally speaking,
had been considered fundamental in the deliberations of tte Committee, and a
majority of States seemed to agree that regional and internal:1.-,-.1l norms be
established to avoid and combat it. Also, there VMS general a6-eament that
scientific research should be free and shared by all, although enbject to the
control of the coastal State. This control still had to be defined. On the
matter of technology, the widely held opinion was that those countries which
possessed it should share it with the developing countries.
In answer to questions, Mr. AmeralAnghe said that the proposed international
authority could become an institntion o..;: considerable economic strength, but
it would serve humanity and the niuntr1i-!1. It would have ;1) poli-
tical authority, and, in that sense, it was po,n;tble to compare it to a
multinational company; it would also be unfa.L: OD any that it cnuld turn into
an entity of greater importance thAn the United Nations.
The income obtained by the inZernational leabed authority would, in the
first place, be dedicated to cover adminIstra,Ave exv2ensef, of thf- new inetitu-
tion; the distribution of its income should Ile *uase:. nti7e prinniple that
the resources would benefit all of humanity, keeping in ni the needs of the
developing countries. In fact, the idea consisted of reducing the gap between
rich an4 poor countries. The international Authority, as a. force at the
service of humanity, wonld have no need of naval forces since -it was dealing
with peaceful activities,
The Conference was now at its most significant stage; the initiation of
discussions and negotiations that sought. to reduce differences had arisen; and
these tended diminishing as the Conference reached t'ne stage of discussing.
nuances.
regional groups, he added in response to another question, adopted
different methods, in accordance to specific cales, for the discussion and
seardh of common positions. In ceatain cases, the taFk of these regional groups
consisted of resolving differences existing among themselves; this was partimr-
larly important in the case of the Group of 77, which included the majority of
countries participating in the Conference.
regarding the rights granted the national liberation movements, the
President explained that, as ovservers, those movements had the right to make
verbal statements and formulate proposals by writing within the committees,
but did not have the right to vote.
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Press Release SEA/68
17 July 1974
On the problem of pollution caused by hydrocarbon wastes and wastes
originating in industry and transport, he stated that, indeed, this was a
matter of great importance and it should be examined by the Third Committee
jointly with the other pollution problems that were encompassed by its agenda.
The Committee would make recommendations to States to adopt pvnentive
measures based upon internationally-accepted norms.
The Conference, he said, should also broach the matter of solving contro-
versies and determine what organ will be charged with handling them and what
would be its specific areas of competence. The President noted that, if it
were true that no State is juriOically bound by a e;nvention it has neither
signed nor ratified and if the future :onvention were to be ratified by the
majority of States, the minority coulci. i.,,.nore it by relying on its owa superior
strength.
In answer to another question regarding necent events in C7prusfr Mr.
Amerasinghe pointed out that this problem involved only the Golnme, of
that country; eventually, it wou1 1 up to -1.1:2e CroJentials Committee to
take a decision should the questien of reprenentation arise.
Regarding the question of the right of free pa7::sage through straits, he
explained that those countries which claimed it did not e.A.clude the right of
coastal States to regiment it; what they did not want was that free passage
should be precisely defined, he said.
On the matter of the 200-mile economic zone and the commitment of:lie
coastal States to grant licenses to ioreigneri, there were opposing opinions.
Those who firmly maintained the economic zone concept said they had the right
to grant or to refuse exploitation licenses. But there were also opinions
claiming that priority be granted to developing and _:_and-locked countries;
still another position pointed out that coastal States could not possibly
exploit all the resources of that zone end that foreign entities should be
permitted to participate in their exploitation.
Finally, M4Amerasinghe commented that there was generalized opinion to
grant land-locked countries access to and from the sea and to give them the
benefits derived from the common heritage of mankind. In this respect, a
solution could consist in affirming the juridical principle and to permit
bilateral negotiations for the resolution of concrete aspects of the matter.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
PROVISIONAL
A/CONF.62/BUR/SR.3
25 July 1974
ORIGINAL: ENGLISH
Second Session
GENERAL COMMITTEE
PROVISIONAL SUMMARY RECORD OF THE THIRD MEETING
Held at the Parque Central, Caracas
Monday, 22 July 1974, at 9.20 a.m.
Mr. AMERASINGHE
CONTENTS
Progress eports by the Chairmen of the Main Committees
to Sim6n Bolivar the Liberator
Other matters
Sri Lanka
Corrections to this record should be submitted in one of the four working languages.
(English, French, Russian or Spanish), preferably in the same language as the text to
which they refer. Corrections should be sent in uadru licate within three workin d
to the Chief, Documents Control, Room 9, Nivel Lecuna, Edificio Anauco, and also
incorporated in one copy of the record..
AS THIS RECORD WAS DISTRIBUTED ON 25 JULY 1974, THE TIME-LIMIT FOR CORRECTIONS WILL
The co-operation of participants in strCtiY observing this time-lt mould be
BE 1 AUGUST 1974.
greatly appreciated.
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PROGRESS REPORTS BY THE CHAIRMEN OF THE MAIN COMMITTEES
Mr. ENGO (United Republic of Cameroon), Chairman of the First Committee,
reporting on the progress made by that body, said that it had now concluded a type of
general debate enabling delegations non-members of the Sea-Bed Committee to express
their views on outstanding problems and providing an opportunity for the remaining
delegations to state their current views on those problems. About 80 speakers had
participated in the debate.
The Committee now had moved to the second stage of itsWork, namely the holding of
informal meetings in order to clarify the misgivings of delegations concerning
documents circulated after the Geneva session, and to remove as many square brackets
as possible, leaving those alternatives that would be the subject of negotiations at
a later stage. While he could not yet confirm that the Committee was making progress,
he could state that it was making a maximum effort.
Mr. AGUILAR (Venezuela), Chairman. of.the Second Committee, said in his
progress report that, in accordance with the decision taken at the first meeting of
that body, the items assigned to it were being considered one by one in the order in
which they appeared in the list. The intention was, in the case of each item, to
identify the principal views and reduce them to generally acceptable formulas. Each
item was then 'put on ice', without any decision being taken until all closely related
items had been considered.
After a brief general debate, the Committee had begun its substantive work with
the consideration of item 2, on the territorial sea. He had subsequently prepared, in
consultation with the other officers of the Committee, an unofficial working paper on
that item. That document, which had been. revised in the light of comments by certain
delegations would, it was hoped, represent the first of a series of documents on the.
items before the Committee, for discussion in informal meetings.
The Committee had then taken up item 3, on. the contiguous zone; it had decided to
defer the item until after the consideration of item 6, on the exclusive economic zone,
with which it was closely related.
In its first meeting of the current week, the Committee would take up item 4, op
the straits used for international navigation.
In reply to a question raised by the Chairman, he said that, on the assumption
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(Mr. Aguilar,, Venezuela)
that the Committee could complete its general debate on items 5, 6 and 7, which
were closely interrelated, during the current week, it should be possible to take up
the item on the economic zone before the end of the following week.
Mr. YANKOV (Bulgaria), Chairman of the Third Committee, reporting on the
work of that Committee, said that it had now concluded general statements on item 12,
relating to preservation of the marine em.:.ronment, and on items 13 and 14, relating
to scientific research and the development and transfer of technology. A total of 85
general statements had been made.
During the current week, the Committee would hold informal meetings to consider
alternately those three items. The Secretariat had prepared an unofficial comparative
table of proposals, which would form the main subject of the informal meetings.
He hoped that it would be possible to present a progress report each week, and
to harmonize the work carried out in the two separate fields. While time as required
for negotiations - for which the informal meetings were an appropriate forum - it should
be possible to identify the main problems relating to each item.
Mr. &TEMA (Kenya) asked the Chairman of the Third Comnittee vbether
there was a deadline for submission of formal proposals to that body.
Mr. YANKOV (Bulgaria), Chairman of the Third Connittee, replied that there
was an understanding that proposals could be submitted throughout the session. It
was for the delegation concerned to decide whether it preferred to submit its
proposal in a formal or an informal meeting. In any case the Committee would, in
accordance with the decision taken at its second meeting, hold official meetings
once a week to enable delegations to submit proposals formally and to hear progress
reports on the unofficial meetings.
Since the question had been ra.Leed, however, he appealed to all delegations to
submit their proposals as soon as possible so that they could be considered in
conjunction with the relevant item.
Mt. NJENGA (Kenya) hoped that in accordance with the flexible arrangement
proposed by the Chairman of the Third Committee, it would be possible to hold a formal
meetinp so that his delegation could introduce a revision of its paper on marine
nollution. The Committee could then immediately proceed with an informal meeting.
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plaaYANKOV (Bulgaria), Chairman of the Third Committee, gave his assurance
that all possible efforts would be made to accommodate delegations ? wishes, and that
flexibility would. be applied to a reasonable extent.
Mr. BEESLEY,(Canada),.Chairman of the Drafting Committee, reporting on the
work of that body, pointed out .that it had, not yet received any drafting work - a fact
which strengthened the emphasis by the Chairmen of the Main Committees on. the urgent
need to proceed to work of real substance. The fact that rapid progress was not being
made was.not,however, the fault of the respective Chairmen, all Of Whom were exerting
real pressure: it was clear that time would be required to Overcome the difficulties.
The CHAIRtiC said he wished to appeal to the Main Committees to send texts
to the Drafting Committee as soon as possible in order to avoid a heavy workload later
in the session.
TRIBUTE TO SIMN BOLIVAR THE LIBERATOR (A/CONF.62/L.3 and Add.1-2)
Mr. CALERO RODT,IQUIZ (Brazil), introducing draft resolution A/CONF.62/L.3
and Ad1.1-2, said that the representative of El Salvador, as Chairman of the meeting of
LaA,in American countries, had been working on the proposed programme to mark the
anniversary of the birth of Sim6n Bolivar, and would be able to explain it further in
the plenary meeting.
hr, HASSAN (Sudan) suggested that it would honour the memory of SimOn Bollvar
and the principles for which he stood if the Conference were to give effect to its
decision to invite the national liberation movements to participate in its work by
inviting them to participate in the proposed ceremony. The Chairman might contact the
Chairman of the group of African Staes, or the representative of OAU, for that purpose.
The CHAIRMAN replied that the occasion should be confined to .a:tribute to
Sim6n Bolivar. In saying that, however, he did not wish to detract from the cense of
the liberation movements. If delegations wished to derive some inspiration from the
ceremony in support of that cause, they were free to do so, .However, he urged them to
take his view into account.
He announced that the following delegations wished to be included in the list of
sponsors of draft resolution A/COHF.62/L.3 and Add.1-2: Burundi, Canada, Federal
Republic of Germany, France, Iceland, Indonesia, Liberia, ? Madagascar, Norway, Turkey,
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(The Chairman)
Uniteu idn6dom United Republic of Camer000n, United States of America, Yuogslavia
and Zaire.
If there were no further coLments the item would be referred to the plenary
which would take up the draft re.;0111?.ion itielf.
OTHER 1,ATTiab
ARIA SCHREIBER (Peru) said he wished to raise a matter in connxion
_
with summary record aidaT.62ISR.37. -First of all. he wished to acknowlekle that the
writini5 of summary records was a very difficult and sensitive task_ since it was
important to ensure that the statements settihc forth the juridical positions of
delwAtions to the Conference were reflected with clarity, accurab.;- and precision,
in that respect, all aeleGations should be treated equally. However, the statement
wade by his delegation at the 37th-nlenary ?durin!- the ,irnpral debrkt -
a 13-page statement prepared with the same care as statements by other deleGations -
had been reduced to three and one-half paes in the summary record. On the other hand_
the sunnary of the statement delivered at that same meetine by the French delegation,
which had consisted of approximately the same number of pages, hat been about double
the lensth of the statement ;iven b:' his own deleGation. Without wisniau to question
the imnortance of the French dele;.,ation s statement, or to allee any intentional
discrimination by the :,ecretariat his delefation toot the view that those two
statements. as well as statelaents by anj otter aeleifitions should have received more
or less equal treatment.
Having compared the ori.:;inal texts of statel;snts by a number of delegations with
the correspondin;:snyviaries in the summary records, his deleGation noted that its
statement had been the otly one to have received less than equal treatment.
CihkIRIAC. aLreed that tne i..atter was very sensitive and of the utmost
importance to aeleaations. ;(.1 agreed that every statement should be -properly reflected
ia the silmrap/-y records. invited the Special Representative of the Secretary -Genera
to reply to the question raised by the representative of Peru.
r.STAVROPOUL03 (necill Representative Cl' the Secretary-lcheral) said it was
the first time tat such a complaint had been drawn to his attention. he felt sure that
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(Mr, Stavropoulo )
any onissions that night hove been: t?If in the surmary record. did not reflect any
partiality on the part of the Secretariat with respect to the delegation of Peru or
any other delegation.
In any case, after examining the facts, he undertook to report back to the
delegation of Peru and then to the General Committee.
The CHAIM,AE suggested that the imbalance in the summaries of the two
statements in question had perhaps resulted from the fact that different vr;"zcis---,rriters
had prepared them. he accordingly suggested that, in order to preserve a prober
balance in the summary records, there should be consultation among precis-writers with
regard to the treatment of the various statements.
Mr. AADERSOZ (Iceland) said that, in 411 fairness to the Secretariat, he
wished to point out that the statements made by some delegations were more condensed
than those made by others. It was therefore not merely a matter of the number of lines
in the fjnal summary.
Mr. ARIAS-SChnIBER (Peru) agreed that it was not merely a matter of the
number of lines: however, in the case in point, a question of substance had been
omitted from the summary of his delegation's statement, namely a reference to the
sea-bed regime and the organs of the aut,hority.
The meetini; rose at 10 a-m.
(I 72
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UNITED NATIONS
ress Section
Office of Public Information
United Nations, N.Y.
(Foa USE OF INFORNATION MEDIA -- NOT AN OFFICIAL RECORD)
Press Release SEA/37
.3 July 1974
SECOND COICITTEES21 SEA CONFERENCE DECIDES ON 04IGANIZATION OF liOR1(
(The following was received from a United Nations Information Officer
attending the Conference in Caracas.)
The Second Committee (General Aspects Sea Law) of the Third United
Nations Conference on the Law of the Sea, at its first meeting in Caracas
this morning, 3 July, took a number of decisions on its organization of work.
It decided that the items allocated to it by the Conference would be
discussed o;-1, kcaping in mind the interrelationship between the
various sulijects. no final decision on any particular issue would
be taken until all the items had been considered by the Committee.
Taking up the proposal of the Chairman, Andres Aguilar (Venezuela), who
had held inZormal consultations with members on organizational matters, the
Committee decided that no working groups would be set up at the initial
stage, but that one or more of talon would be established as and when they
became necessary.
In order to give delegations an opportunity to follow the general
statements in the plenary meetings so far as possible, the Committee decided
to begin its substantive work towards the end o2 next week.
All the decisions were Laken by consensus.
The meeting scheduled ;or this afternoon was cancelled.
Work in Three Committees
Host of the work of the Conference is to be carried out in the three main ,
committees of the entire membership.
The first Committee will deal with the question of the international
regime and machinery :or the sea-bed, the Second Committee with general
aspects of tile law of the sea, and the Third Committee with the preservation
of the marine environment and scientific research.
(more)
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Press Release SEA/37
3 July 1974
The other two committees have yet to hold meetings at the current
session.
The Second Committee would deal with a number of items concerning the
law of the sea in general, including the territorial sea and contiguous
zone, straits used for international navigation, continental shelf,
exclusive economic zone beyond the territorial sea, coastal State preferential
rights or other non-exclusive jurisdiction over resources beyond the
territorial sea, the high seas, the special rights and interests of land-
locked and other disadvantaged countries and of States with broad continental
shelves, archipelagos, enclosed and semi-enclosed seas, artificial islands
and installations, islands, and transmission from the high seas.
The officers of the Second Committee are as follows: Chairman,
Andres Aguilar (Venezuela); Vice-Chairmen, Czechoslovakia, Kenya and Turkey;
Reoporteur, Satya N. Nandan (Fiji).
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) UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/1.2
3 July 1974
ENGLISH
ORIGINAL: SPANISH
Second Committee
STATEMENT MADE BY THE CHAIRMAN OF THE SECOND COMMITTEE AT ITS
FIRST MEETING HELD ON 3 JULY 1974 CONCERNING THE ORGANIZATION
OF ITS WORK .
I have heldconsultations vith the officers of this Committee, the Chairman
of the regional groups and some individual delegations and, as a result of these
consultations, it is my understanding that, in general there appears to be agreement
on the following points bearing on the organization of this Committee's or
(1) The Committee should start by dealing with substantive questions next
week towards the end of the general debate in the plenary Conference;
(2) The items allocated to the Committee should be taken up in official
and non-official meetings, as considered convenient, wthe Committee Chairman
presiding. Woring k groups should not be established, at least at the initial
stage, on the understanding that, if necessary, one or more informal ac_LI__-10c groups
may be established;
(3) The items allocated to the Committee should be considered one by one in
the order in which they appear in the relevant list. The idea is to consider each
of these items and questiona and then ?a identify the main trends and to express
these trends in generally acceptable formulae, other in words, to "put the item
on ice", without taking decisions, and to pass on to the following item. It is
clearly understood that, during the discussion of each item, delegations may
refer to related items. No decision will be taken until all the closely
interconnected itc-- have been fully cOnsidered;
(4) At present it does not seem poesible to draw up a time-table of work.
At most, such e time-table could be prepared only tentatively and the officers are
currently working on this. The officers of the Committee could be given the ,
responsibility of periodically reviewing the progress of the work in the light of
the time available. Depending on the progress of the work andhaving regard to the
time factor, special measures could be taken to expedite the work when it is thought
that the CoMmittee is falling behind;.
(5) The Committee should not take a formal decision on the documentation which
will serve as a basis for its work. All the available documents - the documents of
the Sew-Bed Committee and any ?there that may have been submitted officially or
informally or which may be submitted during this session - may be used.
-----
0 S 0
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.77
23 August 1974
ENGLISH '
ORIGINAL: SPANISH
SECOND COMMITTEE
STATEMENT MADE BY THE CHAIRMAN OF THE SECOND COMMITTEE AT
ITS FORTY-THIRD MEETING HELD ON 23 AUGUST 1974 CONCERNING
THE ORGANIZATION OF ITS WORK
At the 9th informal meeting of the Committee, held on 15 August 1974, the
Committee approved the proposal on the organization of the work which I submitted for
its consideration on behalf of the General Committee. The proposal, as adopted, is as
(1) Priority will be given to the completion of the first stage of the Committee's
work, namely the consideration of the informal working papers which still have to be
discussed and their possible revision.
(2) Simultaneously, whenever time was available, the CoMmittee will undertake a
second reading of the items allocated to it, which will regrouped as follows:
GROUP I: item 2 (territorial sea); item 4 (straits used for international
navigation); item 16 (archipelagos); and item 3 (contiguous zone). Item 17 (enclosed
and semi-enclosed seas), item 18 (artificial islands and installations), and item 19
(regime of islands) can also be discussed in so far as they relate to-the other items
included in tnis group.
GROUP II: item 5 (continental shelf); item 6 (exclusive economic zone); item 7
(coastal Staze preferential rights or other non-exclusive jurisdiction over resources
beyond the territorial sea); item '0 (rights and interests of shelf-locked States and
States with narrow shelves or short coastlines); and item 11 (rights and interests of
States with broad shelves). Item 9 (land-locked countries), item 17 (enclosed and
semi-enclosed seas), item 18 (artificial islands and installations), and item 19 (regime
of islands) can also be discussed in so far as they relate to the other items included
in this group.
GROUP III: item 8 (high seas) and item 24 (transmission from the high seas).
Item 18 (artificial islands and installations) and item 19 (regime of islands) can also
be discussed in so far as they relate to the other items included in this group.
(3) The aim of this second reading is to reduce, as far as possible, the number of
alternative formulations in the working papers. Consequently, discussions should be
focused on differences of substance, not on questions of drafting, except where new
wording can help to combine alternative formulations.
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(4) There will be an opportunity for delegations to intisoduce proposals
meetings of the Committee. It is to be hoped that these new proposals will be primarily
designed to consolidate texts and thus reduce the number of variants. However, most
of the work in the second stage will be carried out at informal meetings.
082
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1ll1E NAIVIAS
TEIRO CrFERENCE
ON THE LAW OF THE SEA
Second Committee
Distr.
LIMITED ,
A/C3NF.62/C,2/L.3
3 July 1974
ORIGINAL: ENGLISH
UNITED KINGDOM: DRAFT ARTICLES ON THE TERRITORIAL SEA AND STRAITS
CONVENTION ON THE LAW OF THE SEA
THE STATES PARTIES TO THIS CONVENTION,
DESIRING to develop the law of the sea in order to meet present and future needs of
the entire world community;
HAVE AGREED as follows:
(Chapter One: International Wegime for the Sea-Bed and Ocean Floor beyond
National Jurisdiction)
Chapter Two
TERRITORIAL SEA
PART I
NATURE AND CHARACTERISTICS
Article 1
1. The sovereignty of a State extends beyond its land territory and its internal
waters to a belt of sea adjacent to its coast described as the territorial sea.
2. The sovereignty of a coastal State extends also to the air space over the
territorial sea as well as to the bed end subsoil thereof.
3. The coastal State exercises this sovereignty subject to the provisions of this
Convention and to other rules of international law.
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PART II
LIMITS OF THE TERRITORIAL SEA
Article 2
The territorial sea may not extend beyond 12 nautical miles from the baseline from
which the breadth of the territorial sea is measured.
Note: Add here the text of articles 3 to 13 of the Territorial Sea
Convention, 1958.
PART III
RIGHT OF INNOCENT PASSAGE THROUGH THE TERRITORIAL SEA
Section I. Rules applicable to all ships
Article 14
Subject to the provisions of this chapter, ships of all States, whether coastal or
not, shall enjoy the right of innocent passage through the territorial sea. Passage of
straits used for international navigation is governed by the provisions of
Chapter Three of this Convention.
Article 15
1. Innocent passage means navigation through the territorial sea for the purpose
either of traversing that sea without entering internal waters, or of proceeding to or
from internal waters.
2. 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; otherwise such passage shall be continuous and expeditious.
Article 16
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.
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 Nations against
the territorial integrity or political independence of the coastal State, or without
authorization from the coastal State or justification under international law in any of
the following activities:
(a) any exercise or practice with weapons of any kind;
(b) the launching or taking on board of any aircraft;
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(c) the launching, landing or taking on board of any military device;
(d) the embarking or disembarking of any person or cargo contrary to the customs,
fiscal, immigration or sanitary laws or regulations of the coastal State;
(e) any act aimed at interfering with any system of communication of the coastal
State;
(f) any act aimed 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 State if any such activity is:
(a) prudent for safe and efficient navigation in accordance with the normal
practice of seamen; or .:; H
(b) carried out with the prior authorization of the coastal State; or
(c) rendered necessary by force majeure or distress or for the purpose of
rendering assistance to persons, ships or aircraft in danger or distress.
I. The coastal State shall not hamper the innocent passage of foreign ships through
the territorial sea and shall not discriminate in form or in fact amongst foreign ships
on any grounds.
5. The coastal State is required to give appropriate publicity to any dangers to
navigation, of which it has knowledge, within the territorial sea.
6. The coastal State may take the nl,cessary steps in its territorial sea to prevent
passage which is not innocent within the meaning of this article.
7. 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 such waters is subject.
Article 17
The coastal State may, without discrimination amongst foreign ships, suspend
temporarily in specified areas of the 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 given appropriate publicity.
Article 13
1. The coastal State may make laws and regulations in conformity with the provisions
of this Convention and other rules of international law relating to innocent passage
through its territorial sea. Such laws and regulations- may be only in respect of the
following:
/ . .
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(a) the safety of navigation and the regulation of marine traffic, including sea
lanes and traffic separation schemes.
(b) the prevention of destruction of, or damage to, facilities and systems of aids
to navigation;
(c) the prevention of destruction of, or damage to, facilities or installations,
including those for the exploration and exploitation of resources of the sea-bed and
subsoil;
(d) the preservation of the marine environment in accordance with Chapter
of this Convention;
Ce) research into the marine environment;
(f) prevention of infringement of the customs, fiscal, immigration, or
sanitary regulations of the coastal State; and
(g) prevention of unauthorized fishing by foreign fishing vessels including
inter alia the stowage of gear.
2. Such laws and regulations shall not:
(a) apply to the design, constrution, manning or equipment of foreign ships or
matters regulated by generally accepted international rules unless specifically
authorized by such rules;
(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; and
(c) discriminate in form or in fact among foreign ships.
3. The coastal State shall give due publicity toall such laws and regulations.
4. Foreign ships exercising the right of innocent passage through the territorial
sea shall comply with all such law: and regulations of the coastal State.
5. The coastal State shall ensure that the application, in form and in fact, of its
laws and regulations upon foreign ships exercising the right of innocent passage is in
conformity the nrovision crivention. If coastal State acts in a 1.anner
cot tc 7t-c7ici3717 ' 2.r.0 loss or da71.,.,e to a for-i,n r.:.sults1
te coastal State shall compensate the owners of the ship for that loss or damaze.
Article 19
During their passage through the territorial sea foreign shins including marine
research and hydror_Taphic survey ships may not carry out any marine research or survey
activities without the prior authorization of the coastal State.
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Article 20
Submarines and other underwater vehiclesj.n innocent passage may be required to
navigate on the surface and to show their flag.
Section II. Rules ap licable to merchant shins
Article 21
1. No charge may be levied upon foreign ships by reason only of their passage through
the territorial sea.
2.- Reasonable charges may be levied.upon..a foreign ship passing through the
territorial sea as-Tayment only for specific services rendered to the ship. The
charges shall be levied without discrimination.
Article 22
1. The criminal jurisdiction of the coastal State should .not be exercised on board
a foreign ship passing through the territorial sea to arrest any person or to conduct
any investigation in connexion Ndth any crime committed on board the ship .during its
passage, save only in the following cases:
(a) if the consequences of the crime extend to the coastal State; or
(b) if the crime is of a kind to disturb the peace of the country or the
good order of the territorial sea; or
(c) if the assistance of the local authorities has been requested by the
captain of the ship or by the consul cf the country whose flag the ship flies; or
(d) if it is necessary for the suppression of illicit traffic in narcotic
drugs.
2. The provisions of paragraph 1 of this article do not affect the right of the
coastal State to take any steps authoried by its laws for the purpose of any arrest
or investigation on board a foreign ship passing through the territorial sea after
leaving internal waters.
3. In the cases provided for in paragraphs 1 and 2 of this article, the coastal
State shall, if the captain so requests, advise the consular authority of the flag
State before taking any steps, and shall facilitate contact between such authority
and the ship's crew. .In cases of emergency this notification may be cOmmunicated
while the measures are being taken.
4. In considering whether or how an arrest should be made, the local authorities
shall pay due regard to the interests of navigation.
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5. The coastal State may not take any steps on board a foreign ship passing through
the territorial sea to arrest any person or to conduct any investigation in connexion
with any crime committed before the ship entered the territorial sea, if the ship,
proceeding from a foreign port, is only passing through the territorial sea without
entering internal waters.
Article 23
1. The coastal State should not stop or divert a foreign ship passing through the
territorial sea for the purpose of exercising civil jurisdiction in relation to a
person on board the ship.
2. The coastal State may not levy execution against or arrest the ship for the purpose
of any civil proceedings, save only in respect of obligations or liabilities assumed or
incurred by the ship itself in the course, or for the purpose of its passage through
the waters of the coastal State.
3. The provisions of paragraph 2 of this article are without prejudice to the right
of the coastal State, in accordance with its laws, to levy execution against or to
arrest for the purpose of any civil proceedings, a foreign ship lying in the territorial
sea, or passing through the territorial sea after leaving internal waters.
Section III. Rules applicable to government shins
Sub-section A. ..ivernment ships other than warships
Article 24
The rules contained in Sections I and II of these articles shall apply to
government ships operated for commercial pToses.
Article 25
1. The rules contained in Section I and in Article 21 of these articles shall apply
to zovernment ships operated for non-commercial purposes.
2. Subject to the provisions of paragraph 1 of this article, nothing in these
articles affects tre immunities which such ships enjoy under the provisions of these
articles or other rules of international law.
Sub-section B. Warships
Article 26
1. For the purpose of this article, the term "warship" means a ship belonging to
the armed forces of a State bearing the external marks distinguishing such ships of
its nationality, under the command of an officer duly commissioned by the government
of the State and whose name appears in the appropriate Service List or its equivalent,
and manned by a crew who are under regular armed forces discipline.
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A/CONF.6,1C.211....3
iifh
Page 7
2. The rules containc&in-Section I of .4hese-artia1e3 shall apply to warships.
roreigu.warehips excrcising'tLe rii of innocent pathaage 8113,11 not, in the
territoriel?acal carry out any maur)eurree,other thaq..tt=t havinc direct.boarinf
on passage.
4: It any warehip does nnt corlly vitb:the 1s7,7s and rezulations of the coastal
State relating to passage through the ter.;..itnriol nea or file to comply with the
1-quiraments of these articles and drd c.irc,qaest for compliance which iu
Llde to it, the.cosstul- State .may rc..1.ttizo the .var.ship to levy.* the territtorial.sca..
Article 27
? Subject tosthe provinion3 of Acis 26 and 28 of th*o.e articles, =thing in
these articles affects the i=unitieA vhich wInhips enjoy under the provisions. of
these articles or other rulea-ofrhationaZ law.
oh-section C. State re4ponsihility for fy.ror. h
Article 28
if, as a result of mny non-covlian,m by my warte:ip or other coverament tlhip
cvt,rted for non-conTeroial purpocl, with any nf the 3.a4t, or regulutiono of the
o.../,.:1 State -rclatinc_. Lo passage 4,;re',;.r.,:!'l VIO tariwrial?sea or with any of the
of the7e art::car:s or otne,. 7.7nles of intc.rnatina1 law, dmmage is euused-
tc ta4e !3taT,o.(u,aluding ad any or its inatellaticius
or other property, or to uly chiw3 fW.1q; intemational reeponzioility thall
be borna b,7 t1,14! aas State of thc ship cinlin3 aavilgo.
PART rv - DISPUTES
Any .dispute couceraig the Interpntatlen or apcat.i.on of this, Chapter 00;1
1-1.t.att1ed in accordance vith pe of thici Co,aventien.
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Chapter Three
PASSAGE OF STRAITS USED FOR INTERMATIONAL NAVIGATION
Article i.
1. In straits to which this article applies, all ships and aircraft enjoy the
right of transit passaEe, which shall not be impeded.
2. Transit passage is the exercise in accordance with the provisions of this
aepter of the freedom of navigation and overflight solely for the purpose of
r:tntinuous and expeditious transit of the strait between one part of the high seas
c.nd another part of the high seas or a State bordering the strait.
3. This article applies to any strait or other stretch of water, whatever its
geographical name, which:
(a) is used for international navigation;
(b) conneet.s two parts of the high seas.
4. Transit passage shall apply in a strait only to the extent that:
(a) an equally suitable high seas route does not exist through the strait: c.
(b) if the atrait is fc,rmed by an island of the coastal State, an equally
stlite:le high st3aE r%bsage dc-cs not exist seaward of the island.
Article 2
Ships and aircraft, 1.7i1e exe:cising the right of transit passage shall:
(a) proceed without through the strait and shall not engage in any
activities other than thosA incident to their normal modes of transit;
(b) refrain from any threat or use of force in violation of the Charter of
the United Nations against trc territorial integrity or political independeuce of
an ad,scent straits
2. Ships in transit shall:
(a) comply with generally accepted international regulations, procedures
end practices for safety at sea, including the International Regulations for
preventing Collisions at Sea;
(b) comply with generally accepted international regulations, procedures
sqd practices for the prevention and control of pollution from ships.
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3. Aircraft in tran, shall:
(a) Observe Rules of the Air entablhed by the International Civil
Aviation Orv,7711tion emCer the Chicago Convention as they apply to civil
aircraft; State aircraft will normally comply with such safety measures and
will at all times operate with due regard for the safety of navigation;
.(b) at all times monitor the radio frequency assigned by the appropriate
internationally designated air traffic control authority or the appropriate
international distress radio frequency*
Article 3
1.. In conformity with this Chapter, a straits State may designate sealsnes and
prescribe traffic separation schemes for navigation in the strait where necessary
to promote the safe passage of ships.
2. A straite State may, when circumstances require and after giving .due publicity
to its decision, eubstitute other sealanes or traffie separation schemes for any
Dreviously designated or prescribed by it.
3. Before designatins sealanea or prescribing traffic separation schemes, a straits
State shall refer proposals to the competent international organization and shall
clesignate such sealanes or prescribe such separation schemes only as approved by that
organization.
4. The straits State shall clearly indiLate all sealanes an separation schemes
designated or prescribed by it on charts to which due publici'y shall be given.
5. Ships in transit shall renpect appl:eable sealanes and separation schemes
established in accord&ace with this article.
Article 4
1. Subject to the provisions r)f this article, a straits State may peke laws and
regulations:
(a) in conformity with the provisions of Article 3 above;
(b) giving effect to applicable international regulations regarding
the discharge of oil, oily wastes and other noxious substances in the Etrait.
2. Such laws and regulations shall not discriminate in form or fact hmons foreign
ships.
3. The straits State shall gi?c due publicity to all sucA) lava and regulations.
I".
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4. Foreign ships exercising the right of transit passage shall comply with such laws
and-regulations of the straits State.
5. If a ship entitled to sovereign immunity does not comply with any such laws or
regulations and damage to the straits State results, the flag State shall in accordance
with Article 7 he responsible for any such damage caused to the straits State.
Article 5
User States and straits State e snnuld by agreement co-operate in the establishment
and maintenance nn a stret of necessary navigation and safety aids or other
improvements in aid cf international navigation or for the prevention and control of
pollution frcm ships.
Article 6
A atraits State shall not hamper transit passage and shall give appropriate
publicity to any dan,7er to navigation or overflight within or over the strait of which
it has knowledge. There shall be no snspension of transit passage.
Article t
-
1. Resprnsibility fir any damaFe caused to a straits State re-ulting from acts in
contravention of this 'niepter 1)v any ship or aircraft entitled to sovereign immunity
shall be borne by tue flag State.
2. If a straits State acts in a ranneitcontrary to the provisions of this Chapter
and 1os:7 or da-aap to a foreign ship or excraft result:, the straits State shall
compensate toe ovners of tae -.Teasel or aircraft for that loss or damage.
Articie 8
1. In straits nsed for internetional navigation between one part of the high seas
and another nart of tte high seas or betwrer one part of the high seas and the
territoriEl sea of a foreinn State, otLer than thove straits in whin tne regime of
transit passe eppines in accordance with Article 1, the r6gine of innoeent passage
in accordance with the pmvisinns of Fart III of Chapter Two shgll apply, subject to
-the provienions of nhis article.
2. Te re ahell he no suspensicn of the innocent passage of foreign ships through -
such etraons.
3. The Trovision cf Article 3 of this Chapter shall apply in such straits.
Article 9
lOthinc in this Chapter shall_ affect any areas of high seas within a strait.
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Article 10
The provisions of this Chapter shall not affect obligations under the Charter
of the United Nations or under conventions or other international agreements already
in force relating to a particular strait.
Article 11
In this Chapter "straits State" means any State bordering a strait to which the
Chapter applies.
Article 12
Any dispute concerning the interpretation or application of this Chapter shall
be settled in accordance with Chapter of this Convention.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Second Committee
Distr.
LIMITED
A/CONF.62/C.2/L.15
22 July 1974
ORIGINAL: ENGLISH
Denmark and Finland: amendment to draft articles on the territorial
sea and straits contained in document A/CONF.62/C.2/L.3
On page 8, Chapter Three, amend Article 1 as follows:
Article 1
1. In straits to which this article applies, all ships and aircraft enjoy
the right of transit passage, which shall not be impeded.
2. Transit passage is the exercise in accordance with the provisions of this
Chapter of the freedom of navigation and overflight solely for the purpose of
continuous and expeditious transit of the strait between one part of the high
seas and another part of the high seas or a State bordering the strait.
3. This article applies to any strait or other stretch of water which
is more than six miles wide between the base-lines, whatever its geographical
name, which:
(a) is used for international navigation;
(b) connects two parts of the high seas.
4. Transit passage shell apply in a strait only
to the extent that:
(a) an equally suitable high seas route does not exist through the
strait; or
(b) if the strait is formed by an island of the coastal State, an equally
suitable high seas passage does not exist seaward of the island.
5. The provisions of Chapter Two, Part III apply to straits used foi",
international navigation not wider than six miles between the base-lines.
There shall be no suspensior of innocent passage of foreign ships through
such straits_
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400.10N
f 1,PV)
lor.ivw UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/coNF.62/c.2/L.5
9 July 1974
ORIGINAL: ENGLISH
MOW
Second Committee
GUYANA: INTRODUCTORY ARTICLE ON COASTAL STATE COMPETENCE
IN CONTIGUOUS OCEAN SPACE
Article 1
Subject to the relevant provisions of this Convention and the other applicable
rules of international law, the jurisdiction of a coastal State extends beyond its
land territory, including its internal or archipelagic waters, to an area of ocean
space contiguous to its coast up to a seaward limit of 200 nautical miles measured
from the applicable baselines.
Article 2
Within the area of its jurisdiction defined in Article 1 the coastal State
exercises full sovereignty over a belt of ocean space including the superjacent
air space, sea-bed and subsoil thereof, up to a seaward limit of 12 nautical miles
measured from the applicable baselines, subject only to the right of innocent
passage defined in Article ... of this Convention.
C-0259
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OPINE. SEA
Second Committee
Distr.
LIMITED
A/CONF.62/C.2/L.16
22 July 1974
ORIGINAL: ENGLISH.
Oman: Draft articles on navigation through the
territorial sea, including straits used for
international navigation
(Items 2.4 and 4 of the list)
Part I
Right of innocent passage through the territorial sea
Section 1. Rules applicable to all ships
Article 1. Right of innocent passage
Subject to the provisions of these articles, ships of all States, whether coastal
or not, shall enjoy the right of innocent passage through the territorial sea.
Article 2. Passage
1. Passage means navigation through the territorial sea for the purpose either of
traversing that sea without entering any port in the coastal State or its internal
waters, or of proceeding to any port in the coastal State or its internal waters from
the high seas, or of making for the high seas from any port in the coastal State or
its internal waters.
2. 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.
3. Passage shall be continuous and expeditious. Passing ships shall refrain from .
manoeuvring unnecessarily, hovering or engaging in any activity other than mere passage
4. Passage through archipelagic waters shall be governed by the provisions of
Chapter ... of this Convention.
Article 3. Innocence of passage
1. Passage is innocent as long as it is not prejudicial to the
security of the coastal State. Such passage shall take place in
articles and with other rules of international law.
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peace, good order or
conformity with these
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2. Passage of a foreign ship shall not be considered prejudicial to the peace, good
order or security of the coastal State unless it engages in the territorial sea in
activities such as;
(a) any warlike act against the coastal or any other State or any threat or
use of force;
(b) any exercise or practice with weapons of any kind;
(c) the launching or taking on board any device;
(a) the launching, landing or taking on board of any aircraft;
(e) the embarking or disembarking of any person or cargo;
(f) any act of propaganda affecting the defence or security of the coastal State;
(g) any act of espionage or collecting of information affecting the defence or
security of the coastal State;
(h) any act of interference with any system of communications of the coastal
St
(i) any act of interference with any other facilities or
coastal State;
installations of the
%1) the carrying out of research operation of any kind.
3. Submarines and Other underwater 4 hicles are required to navigate on the surface
and to show their flag.
4. 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.
5. The provisions of this article shall not apply to any activities carried out with
the prior authorization of the coastal State or as are rendered necessary by force
mijenrtior distress or for the purpose of rendering assistance to persons or vessels
in danger or distress.
Lrticle 4. Duties Cf coastal &pates
2. The coastal State shall not hamper the innocent passage of foreig, ships through
the territorial sea and, in particular, it shall not, in the application of these
articles, discriminate in form or in fact against the ships of any particular State
er against ships carrying cargoes or passengers to, from and on behalf of any particular
State.
2. Tha coastal State is required to give appropriate publicity to any obstacles or
iger to navigation, of which it has knowledge, within the territorial sea.
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3. The coastal State is required to give appropriate publicity to the existence in
its territorial sea of any facilities or systems of aid to navigation and of any
facilities to explore and exploit marine resources which could be an obstacle to
navigation, and to install in a permanent way the necessary marks to warn navigation
of the existence of such facilities and systems.
L. In order to expedite the passage of ships through the territorial sea, the coastal
State shall ensure that the procedures for notification provided for in these articles
shall be such as not to cause undue delay.
Article 5. Rights of coastal States
1. The coastal State may take the necessary steps in its territorial sea to prevent
passage which is not innocent.
2. In the case of ships proceeding to any port in the coastal State or its internai
waters, the coastal State shall also have the right to take the necessary steps tc
prevent any breach of the conditions to which admission of those ships to such ports
or waters is subject.
3. Subject to the provisions of part II of this Chapter, the coastal State may,
without discrimination amongst foreign Ships, auspsnd temporarily in specified areae
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.
4. The coastal State may require any foreign ship that does not comply with the
provisions-concerning regulation of navigation through the territorial sea to leave it
by such route as may be directed by the coastal State.
Article 6. Regulation of navigation through the territorial sea
1. The coastal State may make laws and regulations, in conformity with the provisions
of these articles and other rules of international law, relating to navigation through
its territorial sea.
2. Such laws and regulations may be in respect of all or any of the following:
(s) the safety of navigation and the regulation of maritime traffic and transport,
including the establishment of sealanes and traffic separation schemes, in accordance
with article T;
(b) the installation, utilization and protection of navigational facilities and
aids;
(c) the installation,
devices for the exploration
of the territorial sea;
(d) the installation,
and pipelines;
utilization and protection of facilities, structures and
and exploitation of the living and non-living resources
utilization and protection of submarine or aerial cables
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(e) the preservation of the marine environment of the coastal State and the
prevention of pollution thereto;
(f) research into the marine environment, including hydrographic surveying;
(g) prevention of infringement of the custom, fiscal, immigration or sanitary
regulations of the coastal State;
(h) passage of ships with special characteristics, in accordance with Article 8.
3. The coastal State shall give due publicity to all laws and regulations made under
the provisions of this article.
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.
5. The coastal State shall ensure that the application, in form and in fact, of its
laws and regulations upon foreign ships exercising the right of innocent passage is in
conformity with the provisions of this Convention
Article 7. Sealanes and traffic separation schemes
1. The coastal State may designate in its territorial sea sealanes and traffic
separation schemes and prescribe the use of such sealanes and traffic separation
schemes as compulsory for passing ships.
2. In the designation of sealanes and traffic separation schemes, the coastal State
shall take into account:
(a) the recommendations of competent international organizations;
(b) any channels customarily used for international navigation;
(c) the special characteristics of particular channels and the special
characteristics of particular ships.
3. The coastal State shall clearly indicate all sealanes and traffic separation
schemes designated or prescribed by it on charts to which due publicity shall be given.
4. The coastal State may, after giving due publicity thereto, substitute sealanes for
any sealanes previously designated by it or modify the traffic separation schemes also
designated by it.
5. Foreign ships shall respect applicable sealanes and traffic separation schemes
established in accordance with this article.
6. Foreign ships passing through sealanes and traffic separation schemes shall comply
with appropriate rules to prevent collision at sea, and take into account instructions
received from installations and systems of aids to navigation of the coastal State.
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Article 8. Navi ation of shi s with cial characteristics
1. The coastal State may regulate the passage through its territorial sea of the
following:
(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
12ent1oned in subparagraph (a) of paragraph 1.
?. The coastal State may require prior notification to its competent authorities for
the passage through its territorial sea, except along designated seaianes, of foreign
ships mentioned in subparagraph (b) of paragraph 1.
4. The coastal State may require the passage through its territorial sea along
:!signated sealanes of foreign ships mentioned in subparagraphs (c) and (d) of
p,ragraph 1, in conformity with article 7.
Article 9. Liability.
1. If a ship exercising the right of innocent passage does not comply with laws and
regulations concerning navigation and y dnmAge is caused to the coastal State, the
coastal State shall be entItled to compensation for such damage.
2. If a coastal State ac4:s.in a manner contrary to the provisions of these articles
and loss or damage to a foreign chip results, the coastal State shall compensate the
o7mers of the ship for that loss or damage.
Section IT. Rules appllcable to merchant ships
Article 10. Charges
I. No charge may be levied upon foreign ships by reasca only of their passage through'
the territorial sea.
2. Charges may be levied upon a foreign ship passing through the territorial sea as
pFyment only for specific services rendered. These charges shall be levied without
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Article 11. Criminal jurisdiction
1. The criminal jurisdiction of the coastal Stdte should not be exercised on board
a foreign ship passing through the territorial sea to arrest any person or to conduct
any investigation in connexion with any crime committed on board the ship during its
passage, save only in the following casas:
if the consequences of the crime extend to the coastal State; or
(a)
(b) if the crime is of a kind to disturb the peace of the country or the good
order of the territorial sea; or
(c) if the assistance of the local authorities has been requested by the captain
of the ship or by the consul of the country whose flag the ship flies; or
(d) if it is necessary for the suppression of illicit traffic in narcotic drugs.
2. The above provisions do not affect the right of the coastal State to take any steps
authorized by its law for the purpose of an arrest or investigation on board a foreign
ship passing through the territorial sea after leaving a port or the internal waters.
3. In the cases provided for in paragraphs 1 and 2 of these articles, the coastal
State shall, if the captain so requests, advise the consular authority of the country
whose flag the ship flies, before taking any steps, and shall facilitate contacts
between such authority and the ship's crew. In cases of emergency this notification
may be communicated while the measures are being taken.
4. In considering whether or how an arrest should be made, the local authorities
shall take due regard to the interests of navigation.
5. The coastal State may not take steps on board a foreign ship passing the
territorial sea to arrest any person or to conduct any investigation in connexion with
any crime committed before the ship entered the territorial sea, if the ship, proceeding
from any port, is only passing through the territorial sea without entering internal
waters.
Article 12. Civil jurisdiction
1. The coastal State should not stop or divert a foreign ship passing through the
territorial sea for the purpose of exercising civil jurisdiction in relation to a
person on board the ship.
2. The coastal State may not levy execution against or arrest the ship for the
purpose of any civil proceedings, save only in respect of obligations or liabilities
assumed or incurred by the ship itself in the course, or for the purpose, of its
passage through the waters of the coastal State.
3. The provisions of the previous paragraph are without prejudice to the right of
the coastal State, in accordance with its laws, to levy execution against or to arrest
for the purpose of any civil proceedings, a foreign ship lzping in the territorial
sea, or passing through the territorial sea after leaving internal waters.
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Section III. Rules applicable to government ships
Sub-dection A. Government ships other than warships
Article 13. Government ships operated for commercial purposes
The rules contained in Section I and II of these articles shall apply to
government ships operated for commercial purposes.
Article 14. Government ships operated for non-commercial purposes
1. The rules contained in articles 1 to 8 and article 10 shall apply to government
ships operated for non-commercial purposes.
2. Subject to the provisfons of paragraph 1 of this article, nothing in these articles
affects the imraunities which such ships enjoy under the provisions of these articles or
other rules of international law.
Sub-section B. Warships
Article 15. Passage of warships
1. The rules contained in articles 1 to 8 shall apply to warships.
2. For the purpose of these articles, the term 'w-.-'--.Ins'means a ship belonging to
the armed forces of a State bearing the external marks distinguishing 'such ships of its
nationality, under the command of an officer duly commissioned by the government and
whose name appears in the appropriate service list or its equivalent, and manned by a
crevs who ar2 under regular armed forces discipline.
3. The coastal State may require prior notification to or authorization by its
competent authorities for the passage of foreign warships through its territorial sea,
in conformity with the regulations in force in such a State.
Article 16. Designated c..ealmel
Foreign warships exercising the right of innocent passage may be required to pass
through certain sealanes as may be designated for this purpose by the coastal State.
Article 17. Won-compliance with laws and regulations of the coastal State
If any warship does not comply with the law and regulations of the coastal State
made in accordance with this Convention relating to the passage through the territorial
sea or fails to comply with the requirements of these articles 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 require the warship to leave the territorial sea by such route
as may be directed by the coastal State.
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Article 18. Immunities
With such exceptions as are contained in these articles, nothing in the Convention
affects the immunities which warships enjoy under the provisions of these articles or
other rules of international law.
Sub-section C: State .cdpponsibility for government
Article 19. State responsibility for government ships
If, as a result of any non-compliance by any warship or other government ship
operated for non-commercial purposes with any of the laws and regulations of the coastal
State relating to passage through the territorial sea or with any of the provisions of
these articles or other rules of international law, any damage is caused to the coastal
State, including its environment and any of its facilities, installations or other
property, or to any ship flying its flag, international responsibility shall be borne
by the flag State of the ship causing such damage.
Article 20.
These
forms part
Part ?II
Right of innocent passage through straits used for
international navigation
Straits
articles apply to any strait which is used for international navigation and
of the territorial sea of one or more States.
Article 21. Right of innocent passage
Subject to the provisions of article 22, the passage of foreign ships through
straits shall be governed by the rules contained in part I of this chapter.
Article 22. Special duties of coastal States
1. Passage of foreign merchant ships through straits shall be presumed to be innocent
2. There shall be no suspension of the innocent passage of foreign ships through
straits.
3. The coastal State shall not hamper the innocent passage of foreign ships through
the territorial sea in straits and shall make every effort to ensure speedy and
expeditious passage; in particular it shall not discriminate, in form or in fact, against
the ships of any particular State or against ships carrying cargoes or passengers to.
from and on behalf of any particular State.
4. The coastal State shall not place in navigational channels in a strait facilities,
structures or devices of any kind which could hamper or obstruct the passage of ships
through such strait. The coastal State is required to give appropriate publicity to any
obstacle or danger to navigation, of which it has knowledge, within the strait.
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Article 23. Special rights of coasta2 States
The coastal State may require the co-operation of interested States and appropriate
international organizations for the establishment and maintenance of navigational
facilities and aids in a strait.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/L.4
26 July 1974
ORIGINAL: ENGLISH
Canada, Chile, Iceland, India, Indonesia, Mauritius, Mexico
New Zealand and Norway: working paper
The representatives of Canada, Chile, Iceland, India, Indonesia, Mauritius,
Mexico, New Zealand and Norway have held a number of informal consultations on certain
issues relating to the Law of the Sea. They are presenting the following draft articles
as a possible framework for discussion on those issues by the Third United Nations
Conference on the Law of the Sea.
Preparation of this informal working paper does not imply withdrawal of the
proposals submitted, individually or jointly, by some of the above-named States, or
substitution of such proposals or stated positions by the present working paper; nor
does the paper necessarily reflect their final positions and is without prejudice to
declared national positions.
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Draft articles
Territorial sea: general provisions
Article 1
1. The sovereignty of a coastal State extends beyond its land territory and internal
waters, and, in the case of archipelagic States, their archipelagic waters, over an
adjacent belt of sea defined as the territorial sea.
2. The sovereignty of a coastal State extends to the air space over the territorial
sea as well as to its bed and subsoil.
3. This sovereignty is exercised subject to the provisions of these articles and to
other rules of international law.
Article 2
The breadth of the territorial sea shall not exceed 12 nautical miles to be
measured from the applicable baseline.
Article 3
Except where otherwise provided in these articles, the normal baseline for
measuring the bre&dth of the territorial sea is the low-water line along the coast as
marked on large-scale charts officially recognized by the coastal State.
Article 4
1. 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.
2. The 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 regime of internal
waters.
3. Where the method of straight baselines is applicable under the provisions of
paragraph 1, 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 long usage.
4. 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.
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Archipelagic States
Article 5
1. An archipelagic State is a State constituted wholly or mainly by one or more
archipelagos.
2. For the purpose of these articles, an archipelago is a group of islands, including
parts of islands, with interconnecting waters and other natural features which are to
closely interrelated that the component islands, waters and other natural features
form an intrinsic geographical, economic and political entity or which historically
have been regarded as such.
Article 6
1. An archipelagic State may employ the method of straight baselines joining the
outermost points of the outermost islands and drying reefs of the archipelago in
drawing the baselines from which the extent of the territorial sea, economic zone and
other special jurisdictions are to be measured.
2. If the drawing of such baselines encloses a part of the sea traditionally used
by an immediate and adjacent neighbouring State for direct communication from one part
of its territory to another part, such communication shall continue to be respected.
Article 7
1. The waters enclosed by the baselines, hereinafter referred to as archipelagic
waters, regardless of their depth or distance from the coast, belong to and are subject
to the sovereignty of the archipelagic State to which they appertain.
2. The sovereignty and rights of the archipelagic State extend to the air space over
its archipelagic waters as well as to the water column, the sea-bed and subsoil
thereof, and to all of the resources contained therein.
3. Innocent passage* of foreign ships shall exist through archipelagic waters.
* /Further articles will be required relating to the regite and description Of
passage through specified sea lanes Of the archipelagic waters.%
Article 8
The foregoing provisions regarding archipelagic States shall not affect the
established regime concerning coastlines deeply indented and cut into and to the
waters enclosed by a fringe of islands along the coast, as expressed in article 4.
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Archipelagos forming part of a Coastal State
Article
1. A coastal State with one or more off-lying archipelagos, as defined in article 5,
paragraph 2, which form an integral part of its territory, shall have the right to
apply the provisions of articles 6 and 7 to such archipelagos upon the. making of a
declaration to that effect.
2. The territorial sea of a coastal State with one or more off-lying archipelagos
exercising its rights under this article will be measured from the applicable baselines
which enclose its archipelagic waters.
Article 10
The provision regarding archipelagos forming part of a coastal State shall not
affect the established regime concerning coastlines deeply indented and cut into and to
the waters enclosed by a fringe of islands along the coast, as expressed in article h.
Article 11
The provision regarding archipelagos forming part of .a coastal State shall be
without prejudice to the regime of archipelagic States, as provided for in
articles 5, 6 and 7.
Economic zone
Article 10
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; (b) the other
rights and duties specified in these articles with regard to the protection and
preservation of the marine environment and the conduct of scientific research. The
exercise of these rights shall be without prejudice to article 19 of this convention.
Article 13
The outer limit of the economic zone shall not exceed 200 nautical miles from the
applicable baselines for measuring the territorial sea.
/The co-sponsors recognize the requirement for equitable rights of access on the
basis of regional, subregional or bilateral agreements, for nationals of
developing land-locked States and developing geographically disadvantaged States
(to be defined) to the living resources of the exclusive economic zones of
neighbouring coastal States. They will shortly be presenting articles to this
effect .7-
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Article 14
In the economic zone, ships and aircraft of all States, whether coastal or not,
shall enjoy freedom of navigation and overflight subject to the exercise by the coastal
State of its rights within the area, as provided for in this convention.
Article 15
The coastal State shall exercise its rights and perform its duties in the economic
zone without undue interference with other legitimate uses of the sea, including,
subject to the provisions of this convention, the laying of cables and pipelines.
Article 16
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 subsoil of the economic zone,.
shall be subject to the authorization and regulation of the coastal State.
Article 17
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.
Article 18
The coastal State shall ensure that any exploration and exploitation activity
within its econcuic zone is carried out exclusively for peaceful purposes.
/Further specific articles will be required in relation to the economic zonei
Continental shelf
Article 19
1. The coastal State exercises sovereign rights over the continental shelf for the
purpose of exploring it and exploiting its natural resources.
2. 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.
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3. Paragraph 2 of this article shall be without prejudice to the provisions
concerning delimitation between adjacent and opposite States contained in articles and
other rules of international law.
Lpurther provisions will be required on the subject of article 19 including
provisions to cover the preeise demarcation of the limits of the continental
margin beyond 200 miles; the use of the shelf for peaceful purposes only;
delimitations between opposite and adjacent States, with retention of existing
rights, including rights under bilateral agreements; and the relationship between
the continental shelf and the economic zoned
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/coNF.62/c.2/L.4
9 July 1974
ORIGINAL: ENGLISH
Second Committee
INDIA: TERRITORIAL SEA: NATURE AND CHARACTERISTICS
(vide item 2.1)
Article 1
1. The sovereignty of a State extends beyond its land territory, and its internal or
archipelagic waters, to a belt of sea adjacent to its coast, described hereinafter as
the territorial sea.
2. The sovereignty of a coastal State extends to the air space over the territorial
sea, and to the sea, the sea-bed and subsoil thereof, as well as to their resources.
3. The coastal State exercises its sovereignty in and over the territorial sea subject
60 the provisions of these articles and to other rules of international law.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.6
10 July 1974
ENGLISH
ORIGINAL: SPANISH
Second Committee
SPAIN: DRAFT ARTICLES ON ITEM 2.1 OF THE LIST OF
SUBJECTS AND ISSUES
CONVENTION ON THE LAW OF THE SEA
Part II
Belts of sea under national sovereignty or jurisdiction
Chapter I. Powers of States
Article 1. General provision
The powers of a coastal State over the belts of sea under its national sovereignty
or jurisdiction extend beyond its land territory and its internal or archipelagic
waters up to a maximum seaward limit of 200 miles, in accordance with the provisions
of this Convention.
Chapter II. Territorial sea
Article 2. Nature and characteristics of the terL.itorial sea
1. The sovereignty of a coastal State extends beyond its land territory and its
internal or archipelag.ic waters to a belt of sea adjacent to its coast hereinafter
referred to as the territorial sea.
2. The sovereignty of a costal State over its territorial sea extends to the
air space above it as well as to the sea-bed, subsoil and resources thereof.
3. The coastal State exerciaes this sovereignty subject to the provisions of
these articles and to other rules of international law.
:rwicle 3. Straits forming part of the territorial sea
1. The sovereignty of a coastal State extends to straits forming part of the
territorial sea, whether or not they are used for international navigation.
2. The coastal State exercises this sovereignty in accordance with the Frovisions
of these articles and to other rules of international law.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Second Committee
Distr.
LIMITED
A/CONF.62/C./L.7
12 July 1974
ORIGINAL: ENGLISh
BANGLADESH: TERRITORIAL SEA: NATURE AND CHARACTERISTICS
(item 2.1)
Article 1
1. The territorial sea is a prolongation of the territory of a State and extends,
beyond its land territory and its internal or archipelagic waters, to a belt of sea
adjacent to its coast.
2. The coastal State exercises
including its resources therein,
its sovereignty in and over the territorial sea,
subject to the provisions of this Convention.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.8
15 July 1974
ORIGINAL: NGLISL
Second Committee
TURKEY:
Breadth of the
Onn_ seas and
DRAFT ARTICLE ON ITEM 2. TERRITORIAL SEA
territorial sea. Global or rtgional criteria.
oceans. semi-enelosed sem and enclosed seas.
1. A coastal State shall have the right to determine th,, breadth of its territorial
sea within a maximum limit of (...) nautical miles, measured from applicable baselines
drawn in accordance-with the relevant articles of this Convention.
2. The right referred to in paragraph (1) shall not be exercised in such a manner as
to cut off the territorial sea of another State or any part thereof from the high seas.
3. In areas of semi-enclosed seas, having special geographical characteristics, the
breadth of the territorial seas shall be determined jointly by the States of that area.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/coNF.62/c.2/L.9
15 July 1974
ORIGINAL: ENGLISH
Second Committee
TURKEY: PROPOSAL ON ITEM 2. TERRITORIAL SEA
Question of the delimitation of the territorial sea-
vpyiRus. aslLepts .involvqd.
1. Where the coasts of two or more States are adjacent and/or opposite, the
delimitation of the boundary lines of the respective territorial seas shall be
determined by agreement among them in accordance with equitable principles.
2. In the course of negotiations, the States may apply any one or a combination of
delimitation methods appropriate for arriving at an equitable agreement, taking into
account special circumstances, including, inter ala, the general configuration of the
respective coasts and the existence of'islindst ilets or rocks.
3. The States shall make use of the methods envisaged in Article (33) of the United
Nations Charter or other peaceful means and methods open to them, in order to resolve
differences which may arise in the course of negotiations.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.10
13 July 1974
ENGLISH
ORIGINAL: SPANISH
Second Committee
ECUADOR: PROPOSAL ON THE TERRITORIAL SEA
(item 2.1)
ARTICLE 1
1. The sovereignty of a coastal State extends beyond its coast and internal or
archipelagic waters to an adjacent zone described as the territorial sea.
2. The sovereignty extends also to the sea-bed and subsoil of the territorial
sea as well as to the corresponding air epace.
3. 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 baselines.
ARTICLE 2
The coastal State exercises its sovereignty over the territorial sea subject
to the provisions of this Convention.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Second Committee
Distr.
LIN1TED
A/CONF.62/C.2/L.12
17 July 1974
ORIGINAL: ENGLISH
NIGERIA: DRAFT ARTICLES ON THE TERRITORIAL SEA
Article 1
(General Provisions: Nature and Characteristics)
Article 2
Limits 4 the Territorial Sea
The territorial sea shall not extend beyond 50 nautical miles from the
baseline from which the breadth of the territorial sea is measured.
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UNITED NATIONS
THIRD CONFERENCE
ON THE UW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.13
18 auly 1974
ORIGINAL: ENGLISH.
SECOND COMMIVIIA
Fiji. Indonesia, Mauritius, Philippines: draft articles
on territorial sea
Nature and characteristics
1. The sovereignty of a coastal State extends beyond its land territory and internal
waters, and in the cese of archipelagic States, their archipelagic waters, over an
adjacent belt of sea defined as the territorial BE4.
2. The sovereignty of a coastal State extends to the air space over the territorial
sea ac well as to its bed and subsoil.
3. This sovereignty is exercised subject to the provisions of these articles and to
other rules of international law.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Second Committee
In the draft
A/AC.138/SC.11/L,
general rules of
territorial sea.
of the concept of
to the passage of
Distr.
LIMITED
A/00NF.62/C.2/L.19
23 J11.1f 1974
cpicwi ? rivn,T
Fiji: draft articles relating to passage
through the territorial sea
Explanatory note
articles submitted to the Sea-Bed Committee in document
42 1/ of 19 July 1973, the Fiji delegation sought to establish
a more objective nature for the passage of ships through the
In particular it attempted to elaborate a more precise definition
innocent passage, and to elaborate on the existing rules relating
warships.
of the many helpful comment5 that have since been made in relation
eluding the fact that other delegations have adopted parts of our
posals, we felt that it may be desirable to revise our own paper in
the unity of its approach.
In the light
to that paper, ir
text in their pro
order to maintain
As in the case of the previous draft articles these are now presented to this
Committee as a basis for discussion.
Since the concept of innocent passage is being discussed in relation to the
territorial sea and in relation to straits, items 2 and 4 respectively, we consider
it appropriate to relate this draft to both those items. This is without prejudice
to any ultimate decision that this Clmmittee cr the Conference may make in relation
to the regime or regimes applicable to the passage of foreign ships through straits.
1/ Official,Lecords.Of the General Assembly, Twenty-eighth Session,
Supplement No. 21 (A/9021), vol. III, pp. 91-93.
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Fiji: Revised draft articles on navigation
through the territorial sea, including straits
used for international navigation
(Items 2.4 and 4)
SECTION I. RULEC APPLICABLE TO ALL SHIPS
Subsection A. Right of innocent passage
Article 1
Subject zo the provisions of these articles, ships of cal States, Vaether coastal
or not, shall eijoy the right of innocent passage through the territoria sea.
Article 2
1. Passage mewls navigation through the territorial sea for the purpose either of
traversing that sea without entering any.port in the coastal State, or of proceeding
to any port in the coastal State from the high seas, or of making for the high seas
from any port in the coastal State.
2. Passage includes stopping and anchoring, tut only in to far as the same are
incidental to ordinary navigation or are rendered necessary by force majeure or by
distress; otherwise passage shall be continuous and expeditious.
3. For the purposes of these articles the term "port" includes any harbour or
roadstead normally used for the loading, unloading or anchoring of ships.
Ai ticl( 3
1. Passage is innocent so long as it is not prejudicial to the peace, good order or
security of the zoastal State. Such passage shall take place in conformi:y with
these articles ad with other rules of interrational law.
2. Passage of a foreign 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 Nations against
the territorial :mtegrity or political independence of the coastal State or of any
other State, or An it engages in any of the fpllowing activities:
(i) any other warlike act against the cpastal or any other State;
(ii) any exercise or practice with weapoas of any kind;
(iii) the launching or taking on board of any aircraft;
(iv) the launching, landing or taking on board of any military device;
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(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 coistal 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.
3. The provisions of paragraph 2 of this article shall not apply to any activities
carried out with the prior authorization of the coastal State or as are rendered
necessary by force majeure or distress or for the purpose of rendering assistance to
persons, ships or aircraft in danger or distress.
4. The coastal State shall not hamper the innocent passage of foreign ships through
the territorial sea and, in particular, it shall aot, in the application of tlese
articles or of any laws or regulations made under the provisions of these art:icles,
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.
5. The coastal State is required to give approp:7iate publicity to any obstacles or
dangers to navigation, of which it has knowledge, within the territorial sea.
6. The coastal State may take the necessary steps in its territorial sea to prevent
passage which is not innocent.
7. In the case of ships proceeding to any port in the coastal State, the coastal
State shell also have the right to take the necessary steps to preventany breach of
the conditions to which admission of those ships to such port is subject.
Article 4
1. Subject to the provisions of paragraph 2 of this article, the coastal Sts...;e may,
without discrimination amongst foreign ships, susrend temporarily in specified areas
of the territorial sea the innocent passage of foreign ships if such suspension is
essential for the pro7,ection of its security. Such suspension shall take effect only
after having been given due publicity.
2. Except to the exi;ent authorized under the provisions of these articles, there
shall be no suspension of the innocent passage of foreign ships through strait used
for international nav:.gation or through sealanes designated under the provisions of
these articles.
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Subsection B. Regulaticn of _passage
Article 5
1. The coastal State may make laws and regulations, in conformity with the
provisions of these articles and other rules of international law, relating to passage
through the territorial sea, which laws and regulations may be in respect of all or
any of the following:
(a) the safety of navigation and the regulation of marine traffic, including the
designation of sealanes and the establishment of traffic separation schemes;
(b) the installation, utilization and protection of navigational aide and
facilities;
Cc) the installation, utilization and protection of facilities or installations
for the exploration and exploitation of the marine resources, including the
resources af the sea-bed and subsoil, of the territorial sea;
(d) the protection of submarine or aerial cables and pipelines;
(e) the conservation of the living resources of the sea;
(0 the preservation of the environment of the coastal State, including the
territorial sea, and the prevention of pollution thereto;
(g) research of the marine environment, including hydrographic research;
(h) the prevention of infringement of the customs, fiscal, immigration,
quarantine or sanitary regulatioas of the coastal State;
(i) the prevention of infringement of the fisheries regulations of the coastal
State, including inter alia those relating to the storage of gear.
2. Such laws and regulations may not embody any requirements relating to ship
design, construction, manning or equipment which are more restrictive than those
provided by the International Convention for the Prevention of Pollution from Ships,
1973, or of any subsequent international convention of general application.
3. The coastal State shall give due publicity to all laws and regulations made by it
under the provisions of this article.
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.
5. During their passage through the territorial sea, foreign ships, including
marine research and hydrographic survey ships, may not carry out any research or
survey activities without the prior authorization of the coastal State.
I.
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6. A coastal State may require foreign ships exercising the right of innocent
passage through its territorial sea to use sunl sealanes and traffic separation
schemes, including depth separation schemes, as may be designated or prescribed by the
coastal State for the regulation of the passal.e of ships.
7. A coastal State may from time to time, after giving due publicity thereto,
substitute other sealanes for any sealsnes previously designated by'it under the
provisions of this article.
8. In the desiEnation of sealanes and the prescription of traffic separation schemes
under the provisions of this article a coastal State shall take into account:
(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.
9. The coastal State shall clearly demarcate all sealanes designated by it under
the provisions of this article and indicate them on charts to which due publicity
shall be given.
10. Foreign ships exercising the right of innocent passage through the territorial
sea shall, when passing through sealanes and traffic separation schemes designated or
prescribed by the coastal State under the provisions of this article, comply with all
international regulations relating to the prevention of collisions at sea.
11. If in the application of its laws q.nd regulations, a coastal State acts in a
manner contrary to the provisions of these articles and loss or damage results to any
foreign ship exercising the right of innocent passage through the territorial sea, the
coastal State shall compensate the owners of such ship for that loss or damage.
Subsection C. Ships having special characteristics
Article 6
1. Submarines and other underwater vehicles may be required to navigate on the
surface and to shpw their flag except in cases where they:
(a) have given prior notification of their passage to the coastal State; and
(b) if so rquired by the coastal State, confine their passage to such sealanes
as may De designated for that purpoEe by the coastal State.
2. Tankers and ships carrying nuclear or other inherently dangerous or noxious
substances or mat ?rials 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 purpospy the coastal State.
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3. For the purpcses of this article, the term "tanker" includes any ship used for
the carriage in btlk in a liquid state of prtroleum, natural r.as or any other highly
inflammable, explcsive or pollutive substance.
4. 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 shall be such as not to cruse any undui! delay.
SECTION II. RULES APPLICABLE TO MERCHANT SHIPS
Article
1. No charge ma 4 be levied upon foreign shipa by reason only of their passage
through the territorial sea.
2. Charges may te levied upon a foreign ship passing through the territorial sea as
payment only for Epecific services rendered to the ship. These charges shall be
levied without diEcrimination.
Article 3
1. The criminal jurisdiction of the coastal State shall not be exercised on board
a foreign ship paE sing through the territorial sea to arrest any person or to conduct
any investigation in connexion with any c:Ame committed on board the ship during its
passage, save only. in the following cases:
(a)
if the conrequences cf the :rime ertmid to the coastal State; or
(b) if the crime is of a kind to disturb the pea,;a of the country or the good
order (11' the territorial sca; or
(c) if the casistance of the local authwities has been requested by the captain
of the chip cr by the consuj. of the ,:ountry whose flag the ship flies; or
(d) if it if necelsary for tha suppression of illicit traffic in narcotic drugs.
-. The provisiors of par:Igraph 1 of this article do not affect the right of the
-
coastal State to take any step' authorized by its laws for the purpose of an arrest or
investigation on tcard a foreign ship passing -,:hrougn the territorial sea after
leaving any port in the coastal State.
in paragraphs 1 and 2 of this article, the coastal
requests, advise the consular authority of the flag
and shall facilitate contact between such authority
of emergency this notification may be communicated
3. In the cases provided for
State shall, if tle captain so
State before takirg any steps,
and the ship's cr. In cases
olile the measure: are being taken.
. In considerirg whether or how an arrest Slould be made, the local authorities
shall pay due regErd to the interests of navivtion.
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5. The coastal State may not take any steps on .3oard a foreign ship passing through
the territorial sea to arrest any person or to conduct any investigation in ccnnexion
with any crime committed before the ship entered he territorial sea, if the ship,
proceeding from a foreign port, is only passing tnrough the territorial sea without
entering any port in the coastal State.
Art-L7le 9
1. The coastal State shall not stop or divert a foreign ship passing through the
territorial sea for the purpose of exercising civil jurisdiction in relation to a
person on board the Ehip.
2. The coastal State may not levy execution against or arrest the ship for the
purpose of any civil proceedings, save only in respect of obligations or liabilities
assumed or incurred ly the ship itself in the course or for the purpose of its
passage through the vaters of the coastal State.
3. The provisions of paragraph 2 of this articla are without prejudice to the right
of the coastal State, in accordance with its laws, to levy execution against cr to
arrest, for the purpose of any civil proceedings, a foreign ship lying in the
territorial sea, or passing through the territorill sea after leaving any port in the
coastal State.
SECTION III. RULES APPLICABLE TO GOVERNMENT SHIPS
Subsection A. Government ships other than warships
Article 10
The rules contained in sections I and II of these articles shall apply to
government ships operated for commercial purposes.
Article 11
1. The rules contained in section I and in arti2le 7 of these articles shall apply
to government ships operated for non-t.ommercial purposes.
2. With such exceptions as are contained in paragraph 1 of this article or in
article 14 of these isticles nothing in. tfiese articles affects the immunities which such
ships enjoy under the provisions of these article:3 or other rules of international law.
. . .
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Subsection B. Warships
Article 12
1. For the purposes of this article, the term warship" means a ship belonging to
the armed forces of a State bearing the external marks distinguishing such ship of
its nationality, under the command of an officer duly commissioned by the Government
of that State and whose name appears in the appropriate service list or its equivalent,
and manned by a crew who are under ret, aar armed forces discipline.
2. The rules contained in section I of these articles shall apply to warships.
3. Foreign varshipE exercising the right of innocent passage shall not, in the
territorial sea, early out any manoeuvres other taan those having direct bearing on
passage.
4. If any warship does not comply with the laws and regulations of the coastal State
relating to passage through the territorial sea cy.:* fails to comply with the requirements
of paragraph 3 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
require it to leave the territorial sea by such route as may be directed by the
coastal State.
Article 13
With such exceptions as are contained in articles 12 and 14 of these articles
nothing in these articles affects the immunities ahich warships enjoy under the
provisions of these articles or other rules of international law.
Subsection C. Liabi:lity of uavernment ships
24rticle 14
If, as a result of any non-compliance by any warship or other government ship
operated for non-cnmmarcial purpoaes with any of the laws or regulations of the coastal
State relating to pasaage through the terriaorial see or with any of the provisions
of these articles or other rules of ilternational law, any damage is caused to the
coastal State, including its environment and any of its facilities, installations or
other property, or to any of its flag vessels, international responsibility for such
damage shall be borne by the flag State of the ship causing such damage.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
COND COMMITTEE
Distr.
LIMITED
A/CONF.62/C.2/L.26
29 July 1974
ENGLISH
ORIGINAL: RUSSIAN
DRAFT ARTICLES ON THE TERRITORIAL SEA
People's Repilblic of Bulgaria, German Democratic Re ublic Polish
Peopl21R_Etpy.b1ic, Union of Soviet Socialist Republics
SECTION I
Nature and characteristics of the territorial sea and its breadth
Article 1
1. The sovereignty of a coastal State extends beyond its land territory and its
internal waters to a belt of sea ndja-ent to its coast or to its internal waters and
described as the territorial sea.
2. The sovereignty of a coastal State extends also to the air space over the
territorial sea as well as t..) the bed and subsoil thereof. All the resources of the
territorial sea are under the sovereignty of the coastal State.
3. The coastal State exercises this sovereignty subject to the provisions of these
articles and to other rules of internai'onal law.
Article 2
Each State has the right to determine the breadth of its territorial sea within a
maximum limit of 12 nautical miles, measured from the baselines determined in accordance
with articles ... of this Convention, and subject to the provisions of articles ...
concerning straits used for im;ernational navigation.
SECTION II
Method of measuring and delimitin the territorial sea
(Articles 3-13)*
* Add here the text of articles 3 to 13 of the Convention on the Territorial Sea
and the Contiguous Zone, 1958.
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''ECTInN III
Right of innocent passage throtIgh the territorial sea
Subsection A. Rules applicable to all ships
Article 14
Subject to the provisions of the articles of this section, ships of all States,
whether coastal or not, shall enjoy the right of innocent passage through the
territorial sea.
Passage of-straits used for international navigation is governed by articles ...
of this Convention.
Article 15
1. Innocent passage means navigation through the territorial sea for the purpose
either of traversing that sea without entering internal waters, or of proceeding to or
from internal waters.
2. Innocent passage includes atopping and anchoring provided they are incidental to
ordinary navigation or navigating conditions or are rendered necessary by force majeure
or by distress.
Article 16
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.
2. Passage of a foreign ship shall be considered innocent so long as it does not
engage in any of the following in the territorial sea:
(a) Any threat or use of force either against the territorial integrity or the
political independence of the coastal State or in any other way incompatible with the
Charter of the United Nations;
(b) Any exercises or gunfire, launching of missiles or other use of weapons of
any kind;
(c) The launching or taking on board of any aircraft;
(d) The unloading or loading of any cargo in violation of the laws of the coastal
State;
(e) The disembarking or embarking of any person in violation of the laws of the
coastal State;
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(f)
State;
(g) Deliberate acts interfering with any other facilities or installations of the
coastal State.
The provisions of subparagraphs .(c) to (g) of this article shall not apply to any
activity carried out with the prior authorization of the coastal State or rendered
necessary by force majeure or by distress.
3. 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 them from fishing in the territorial sea.
4. Submarines and other underwater vehicles are required to navigate on the surface
and to show their flag.
Deliberate acts interfering with any system of communication of the coastal
Article 17
1. Foreign nuclear-powered ships and ships carrying nuclear substances shall, during
passage through territorial waters, observe special precautionary measures and carry
papers established for such ships by international agreements.
2. In exercising their right of passage, foreign scientific research, hydrographic
survey and other ships may not carry out any marine research or surveys without previous
authorization from the coastal State.
Article 18
1. The coastal State shall not hamper innocent passage through the territorial sea
or discriminate amongst foreign ships in respect of such passage.
2. The coastal State is required to give appropriate publicity to any navigational
hazards of which it has knowledge, within its territorial sea.
Article 19
1. The coastal State may take the necessary steps in its territorial sea to prevent
non-innocent passage.
2. In the case of ships proceeding to internal waters, the coastal State shall also
have the right to take the neces3ary steps to prevent any breach of the conditions to
which the admission of those ships to those waters is subject.
3. The coastal State may, without discrimination among foreign ships, suspend
temporarily and in specified areas of its territorial sea the right of 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 given due publicity
and on the condition that the other shortest routes for innocent passage have at the
same time been designated.
/...
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Article 20
_
1. The coastal State may adopt laws and regulations in respect of innocent passage
through its territorial sea. Such laws and regulations shall comply with the
provisions of the present Convantion and other rules Of international law and may be in
respect of the following questions.
(a) The safety of navigation and the regulation of sea navigation;
(b) The prevention of destruction of, or damage to, installations or aids to
navigation;
(c) The prevention of destruction of, or damage to, facilities or installations
for the exploration and exploitation of the marine resources, including the resources of
the sea-bed and subsoil of the territorial sea;
(d) Prevention of damage to communication lines and electrical tranamisaions;
(e) The preservation of the environment and prevention of pollution of the coastal
waters and shores of the State in accordance with articles ... of the prevent
Convention:
Cr) Scientific exploration of the marine environment, including water density, the
sea-bed and the subsoil of the territorial sea;
(g) Prevention of infringement of the customs, fiscal, immigration, sanitary and
phyto-sanitary regulations of the coastal State;
(h) Prevention of fishing by foreign vessels in the territorial sea.
2. Such laws and regulations shall not relate to questions concerning the construction,
manning, equipment or technical gear of foreign ships or impose requirements on such
ships which may have the practical effect of denying or seriously prejudicing their
right of innocent passage in accordance with the present Convention.
3. The coastal State shall give due publicity to all laws and regulations on innocent
passage.
4. Foreign ships exercising the right of innocent passage through the territorial sea
shall comply with all such lays and regulations of the coastal State.
5. The coastal State shall ensure that the application of such laws and regulations in-
respect of foreign ships :enjoying the right of innocent passage is in conformity with
the provisions of the present Convention. The coastal State shall be answerable to the
State whose flag the ship flies 'far any damage caused to that ship as a result of the
application of the laws or regulations of the coastal State in a manner contrary to the
provisions of the present Convention.
1 0
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Article 21
In areas of the territorial sea in which navigation conditions make it so
desirable, the coastal State may introduce sea-lanes and traffic separation schemes and
shall ensure that these are clearly indieated on the charts and that they are given due
publicity.
Article 22
1. No charge may be levied upon foreign
the territorial sea.
2. Charges may be levied upon a foreign
as payment for specific services rendered
without discrimination.
ships by reason only of their passage through
ship passing through the territorial sea only
to the ships. These charges shall be levied
Subspsti2g_l_Eml2p_appliaille to merchant ships
Article 23
1. Criminal Jurisdiction of the coastal State shall not be exercised on board a
foreign ship passing through the territorial sea to arrest any person or to conduct an
investigation in connexion with a crime committed on board the ship during its passage,
save only in the following cases:
(a) If the consequences of the crime extend to the coastal State; or
(b) If the crime is of a kind to disturb the peace of the country or the good
order of the territorial sea; or
(e) If the assistance of the local authorities is requested by the captain of the
ship or by the consul of the country whose flag the ship flies; or
(d) If it is necessary for the- suppression of illicit traffic in narcotic drugs.
2. The provisions set forth above do not affect the right of the coastal State, when
there is justification, to take any steps authorized by its laws for the purpose of an
arrest or investigation on board a foreign ship passing through the territorial sea
after leaving internal waters.
3. In the cases provided for in paragraphs 1 and 2 of this article, the coastal State
shall, if the captain so requests, advise the consular authority of the flag State
before taking any steps, and shall facilitate contact between such authority and the
ship's crew. In cases of extreme urgency this notification may be communicated while
the measures are being taken.
4.
pay
e.
the territorial sea to arrest any person or-to conduct an investigation in connexion
In considering whether or how an arrest should be made, the local authorities shall
due regard to the interests of navigation.
The coastal State may not take any steps on board a foreign ship passing through
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with a crime committed before the ship entered the territorial sea, if the ship,
proceeding from a foreign port, is only passiag through the territorial sea without
entering the internal waters of the State concerned.
Article 24
1- The coastal State shall not stop or divert a foreign ship passing through the
territorial sea for the purpose of exercising civil jurisdiction in relation to a person
on board the ship.
2. The coastal State may not levy execution against or arrest the ship for the purpose
of any civil proceedings, save only in respect of obligations or liabilities assumed or
incurred by the ship itself in the course or for the purpose of its passage through the
waters of the coastal State.
3. The provisions of the previous paragraph are without prejudice to the right of the
coastal State, in accordance with its laws, to levy execution against or to arrest, for
the purpose of civil proceedings, a foreign ship lying in the territorial sea or passing
through the territorial sea after leaving internal waters.
4. Government ships operated for commercial purposes in foreign territorial waters
shall enjoy immunity, and therefore the measures referred to in this article may be
applied to them only with the consent of the State whose flag the ship flies.
Subsection C. Rules applicable to government
ships operated for non-commercial purposes
Article 25
1. The rules contained in subsection A shall apply to government ships operated for
non-commercial purposes.
2. Except in the cases provided for in the provisions referred to in the previous
paragraph nothing in these articles affects the immunities which such ships enjoy under
these articles or other rules of international law.
Subsection D. Rules applicable to warships
Article 26
The rules contained in subsection A shall apply to foreign warships, but nothing in
this Convention shall affect the immunity which warships enjoy in accordance with the .
generally accepted rules of international law.
Article 27
If any warship does not comply with the regulations of the coastal State relating
to passage through the territorial sea and disregards a request for compliance which is
made to it, the coastal State may require the warship to leave the territorial sea.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
SECOND COMMITTEE
Distr.
LIMITED
A/CONF.62/C.2/L.33
31 July 1974
ORIGINAL: ENGLISH
Austria Be ium Bolivia Botswana B elorussian Soviet Socialist
Republic, Czechoslovakia Germany, Finland,
Hungary, Laos, Lesotho , Luxem_bcurMono__,liaNetheslajid_js2araguay,
Singapore, Swaziland, Sweden, Switzerland, Uganda, Upper Volta and
Zambia: draft articles on territorial sea
E1ana7?ki-c2Le-
The following draft articles on the territorial sea reflect the basic attitude of
the sponsors concerning some questions relating to the territorial sea. Regarding the
problem of delimitation of the boundary lines of the territorial seas in the case of
opposite or adjacent coasts, the sponsors recognize the need for further elaboration of
the rules laid down in the respective Geneva Conventions and are willing to listen in
a spirit of compromise to any suggestion which may be made on the subject.
The proposal contained in document A/CONF.62/C.2/L.14 is considered a very valuabJe
basis for discussion of this matter.
The problem of the semi-enclosed seas has not been referred to in the present draft
articles; the sponsors nevertheless wish to indicate their willingness to consider any
formula relating thereto.
1. The sovereignty of a
to a belt of sea adjacent
2. The sovereignty of a
sea as well as to its bed
!Irticle
State extends, beyond its land territory and internal waters,
to its coast, described as the territorial sea.
coastal State extends to the air space over the territorial
and subsoil.
3. This sovereignty is exercised subject to the provisions of these articles and to
other rules of international law.
Article
1. 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
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2. The right referred to in paragraph I shall not be exercised by a State in such a
manner as to cut off from the high seas the ',erritorial sea of another State or any part
thereof.
Article
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
,ilarked on large-scale charts officially recognized by the coastal State.
Article
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.
2. The 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
-Aifficiently closely linked to the land domain to be subject to the regime of internal
watrzs.
3. Baselines shall not be drawn to and -from low-tide e1e7ations, unless lighthouses
or similar installations which are permanently sbove sea level have been built on them.
4. Where the method of straight baselines is applicable under the provisions of
paragraph 1, account may be taken, in determining particular baselines, of economic
interests peculiar to the region concernel, the reality and the importance of which are
clearly evidenced by long usage.
5. 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.
5. The coastal State must clearly indicate straight baselines on charts, to which due
:uhlicity must be given.
Article
1. Waters on the landward side of the baseline of the territorial sea form part of
the internal waters of the State.
2. Where the establishment of a straight baseline in accordance with article ... has
the effect of enclosing as internal waters areas which have previously been considered
as part of the territorial sea or of the high seas, a right of innocent passage, as
provided in articles ..., shall exist in those waters.
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Article
1. This article relates only to bays, the coasts of which belong to a single State.
2. For the purpose of these artices, a bay is a well-marked indentation whose
penetration is in such proportion to the width of its mouth as to contain land-locked
waters and constitute more than a mere _arvature of the coast. An indentation shall
not, however, be regarded as a bay unless its area is as large as, or larger than, that
of the semi-circle whose diameter is a line drawn across the mouth of that indentation.
3. For the purpose of measurement , the area of an indentation is that lying between
the low-uater mark around the shere of the indentation and a line joining the low-water
marks of its natural entrance po-ints. Where, because of the presence of slands, an
indentation has more than one mouth, the semi-circle shall be drawn on a line as long as
the sum total of the lengths of the lines across the different mouths. Islands 'within
an indentation shall be included as if they were part of the water areas of the
indentation.
I. If the distance between the low-water marks of the natural entrance points of a bay
does not exceed ... miles, a cloeing line may be drawn between these two low-water
marks, and the waters encloses thereby shall be considered as internal waters.
5. Where the distance between the low-water marks of the natural entrance points
of a bay exceeds miles, a straight baseline of ... miles shall be drawn within the
bay in such a manner as to enclose the maximum area of water that is possible with a
line of that length.
6. The foregoing provision shall not apply to so-called "historic" bays or in any
case where the straight baeeline system provided for in article ... is applied.
Article
For the purpose of delimiting the territorial sea, the outermost permanent harbour
works which form part of the harbour system and which are above water at high tide shall
be regarded as forming part of the coast.
Article
Roadsteads which are normally used for the loading, unloading and anchoring of
ships, and which otherwise be situated wholly or partly outside the outer limit of the
territorial sea, are included in the territorial sea. The coastal State must clearly
demarcate such roadsteads and indicate them on charts, together with their boundaries,
to which due publicity must be given.
Article
If a river flows directly into the sea, the baseline shall be a straight line
across the mouth of the river between points on the low-tide line of its banks.
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" 4 tAITED NATIONS
,
P-C-11:7A THIRD CONFERENCE
- ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.36
5 August 1974
ORIGINAL: ENGLISH
SECOND COMMITTEE
Jamaica: draft articles on item 2.1
Rights of developing geoleraphically disadvantared States
within a territorial sea beyoncl 12 miles
?
Article 1
The regime applicable to any territorial oed extending beyond 12 miles provided for
in article ... of this Convention shall be subject to the rights of developing
geographically disadvantaged States as contained in articles 2, 3, 4 and 5 of this draft.
Article 2
1. In any region where there are geographically disadvantaged States, the nationals of
such States ahall have the right to exploit the renewable reaources within any
territorial sea extending beyond 12 miles in such a region, for the purpose of fostering
the development of their fishing industry and satisfying the nutritional needs of
their populations.
2. The States of the region shall co-operate to the fullest extent in order to secure
the enjoyment of this right.
Article 3
Except as provided in article 4, nothing in articles 1 and 2 shall apply to
territories under foreign dominatiou or forming an integral part of metropolitan powers
outside the region.
Article 4
In the application of articles 1 and
territories and territories tinder foreign
be so applied as only to confer rights on
purpose of their domestic needs.
2 to the Associated States, self-governing
domination, the rights thereby conferred shall
the inhabitants of such territories for the
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Article 5
For the purposes of these articles:
1. 'geographically disadvantaged States means developing States which are
(a) land-locked; or
? (b) for geographical, biological or ecological reasons
(1)
derive no substantial economic advantage from establishing a territorial
sea extending beyond 12 miles; or
(ii) are adversely affected
territorial sea beyond
(iii) have short coastlines
jurisdiction.
2. "nationals" include enterprises
nationals.
in their economies by the establishment of a
12 miles by other States; or
and cannot extend uniformly their national
substantially owned and effectively controlled by
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Second Committee
Distr.
LIMITED
A/CO1F.62/C.2/L.11
17 July 1974
ENGLISH
ORIGINAL: RUSSIAN
PEOPLE'S REPUBLIC OF BULGARIA, CZECHOSLOVAK SOCIALIST REPUBLIC,
GERMAN DEMOCRATIC REPUBLIC, POLISH PEOPLE'S REPUBLIC, UKRAINIAN
SOVIET SOCIALIST REPUBLIC, UNION OF SOVIET SOCIALIST REPUBLICS:
DRAFT ARTICLES ON STRAITS USED FOR INTERNATIONAL NAVIGATION
Article 1
1. In straits used for international navigation between one part of the high seas and
another part of the high seas, all ships in transit shall enjoy the equal freedom of
navigation for the purpose of transit passage through such straits.
In the case of narrow straits or straits where such provision is necessary to
ensure the safety of navigation, coastal States may designate corridors suitable for
transit by all ships through such straits. In the case of straits where particular
channels of navigation are customarily employed by ships in transit, the corridors
shall include such channels. In the case of any change of such corridors, the coastal
State shall give notification of this to all other States in advance.
2. The freedom of navigation provided for in this article for the purpose of transit
passage through straits shall be exercised in accordance with the following rules:
(a) Ships in transit through the straits shall not cause any threat to the
security of the coastal States of the straits, or to their territorial inviolability or
political independence. Warships in transit through such straits shall not in the area
of the straits engage in any exereses or gunfire, use weapons of any kind, launch or
land their aircraft, undertake hydrographical work or engage in other similar acts
unrelated to the transit. In the event of any accidents, unforeseen stops in the
straits or any acts rendered necessary by force majeure, all ships shall inform the
coastal States of the straits;
(b) Ships in transit through the straits shall strictly comply with the
international rules concerning the prevention of collisions between ships or other
accidents.
In all straits where there is heavy traffic, the coastal State may, on the basis
of recommendations by the Inter-Governmental Marimite Consultative Organization,
designate a two-way traffic separation governing passage, with a clearly indicated
dividing line. All ships shall observe the established order of traffic and the
dividing line. They shall also avoid making unnecessary manoeuvres
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(c) Ships in transit through the straits shall take all precautionary measures to
avoid causing pollution of the waters and coasts of the straits, or any other kind of
damage to the coastal States of the straits. Supertankers in transit through the
straits shall take special precautionary measures to ensure the safety of navigation and
to avoid causing pollution;
(d) Liability for any damage which may be caused to the coastal States of the
straits, their citizens or juridical persons by the ship in transit, shall rest with the
owner of the ship or other person liable for the damage, and in the event that such
compensation is not paid by them for such damage, with the flag-State of the ship;
(e) No State shall be entitled to interrupt or suspend the transit of ships
through the straits, or engage therein in any acts which interfere with the transit of
ships, or require ships in transit to stop or communicate information of any kind;
(f) The coastal State shall not place in the straits any installations which could
interfere with or hinder ?the transit of ships.
3. The provisions of this article:
(a) shall apply to straits lying within the territorial sea of one or more
coastal States;
(b) shall not affect the sovereign rights of the coastal States with respect to
the surface, the sea-bed and the living and mineral resources of the straits;
(c) shall not affect the legal regime of straits through which transit is
regulated by international agreements specifically relating to such straits.
Article 2
In the case of straits leading from the high seas to the territorial sea of one or
more foreign States and used for international navigation, the principle of innocent
passage for all ships shall apply and this passage shall not be suspended.
Article 3
1. In the case of straits over which the air space is traditionally used for transit
flights by foreign aircraft between one part of the high seas and another part of the
high seas, all aircraft shall enjoy equal freedom of transit overflight over such
straits. Coastal States may designate special air corridors suitable for overflight by
aircraft, and special altitudes for aircraft flying in different directions, and may
establish particulars for radio-communication with them.
2. The freedom of transit overflight by aircraft over the straits, as provided for
in this article, shall be exercised in accordance with the following rules:
(a) Overflying aircraft shall take the necessary steps to keep within the
boundaries of the corridors and at the altitude designated by the coastal States for
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flights over the straits, and to avoid overflying the land territory of a coastal State,
unless such overflight is provided for by th,! delimitation of the corridor designated
by the coastal State.
(b) Overflying aircraft shall not cause any threat to the security of the coastal
States, their territorial inviolability or political independence; in particular
military aircraft shall not in the area of the straits engage in any exercises or
gunfire, use weapons of any kind, take aerial photographs, circle or dive down towards
ships, take on fuel or engage in other similar acts unrelated to overflight;
(c) Liability for any damage which may be caused to the coastal States of the
straits or their citizens or juridical persons by the aircraft overflying the straits
shall rest with the owner of the aircraft or other person liable for the damage and in
the event that compensation is not paid by them for such damage, with the State in which
the aircraft is registered;
(d) No State shall be entitled to interrupt or suspend the transit overflight of
aircraft, in accordance with this article, in the air space over the straits,
3. The provisions of this article:
(a) shall apply to transit flights by aircraft over straits lying within the
territorial sea of one or more coastal States:
(b) shall not affect the legal regime of straits over which overflight is
regulated by international agreements specifically relating to such straits.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF462/C.2/L.14
19 July 1974
ORIGINAL: ENGLISH
Second Committee
Netherlands: draft_RELiele_212_delimitatton tRsilltja
with_aptagite_a_Alacent eoasts
1. 14here the determi4ation of sea areas under articles (terror-. sea,
continental shelf, economic zone) by adjacent or opposite States,Up'to.t$Omaximum
limit would result in overlapping areas, the marine boundariep between'thOSe States
shall be determined, by agreement between them, in accordance with equitable
principles, taking into account all relevant circumstances.
2. Pending such agreement, neither of the States is entitled to establish its
marine boundaries beyond the line, every point of which is equidistant from the
nearest points on the baselines from which the breadth of the territorial sea of
each State is. measured.
3, If a State concerned refuses to enter into or to continue negotiations, or if
no agreement is reached within after negotiations have been Commenced, the
procedure of conciliation of the type provided for in article 66 (b), and the
annex of. the= 1969 Vienna Convention on he Law of Treaties may be set in'totion
by any of,the,States conterned.
4. If agreement is not reached within after the Conciliation Commission
aas made its final recommendations, the question of delimitation may be submitted,
by any of the States concerned, to the procedure for the compulsory judicial
settlement of disputes, provided for in article ...... of the present Convention.
1. In all cases where, under the new Convention on the Law of the Sea, coastal
States would be entitled to extend some form of national jurisdiction over sea
areas adjacent to their coasts up to a determined maximum limit, the question of
delimitation as between adjacent or opposite coastal States may arise. The present
proposal intends to lay down substantive guidelines for the solution of this
question (para. 1) as well as asetLIMs. for their application (paras. 1, 3 and 4)
and interim solutions to be applied pending the final determination of the
delimitation lines (para. 2).
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2. The normal procedure of delimitation E,hould be by mEeement between the States
concerned. Paragraph 1 of the present proposal embodies this principle and states
guidelines for the negotiation of such agreement. Among the "equitable principles",
there mentioned, figures the principle of equidistance, whicn, in many situations,
will result in an equitable delimitation. There are, however, circunstances in ?
which this would not be the case, and paragraph I accordingly prescribes the taking
into account of all circumstances relevant for reaching an equitable solution.
3. Experience has learned that adjacent or opposite States may heed the advice
and help of an impartial body of persons in order to reach agreement on delimitation.
Similar considerations have led the United Nations Conference on the Law of Treaties
of 1969 to adopt a compulsory system of conciliation. Paragraph 3 of the present
proposal suggests the application of that system - possibly with some adaptation
as to the details - to the question of delimitation.
4. Under the Law of Treaties Convention the report of the Conciliation Commission,
containing its final recommendations, is not binding and, consequently, this
procedure cannot in itself produce a final solution of the delimitation question.
Accordingly paragraph 4 of the present proposal suggests that, if negotiations
and conciliation have finally failed to bring the parties to an agreement,lmollcial.
settlement of the dispute should take place, in conformity with the rules to be
set out elsewhere in the new Convention on the Law of the Sea.
5. The final settlement of the question of delimitation may take a long time.
It would seem essential that pending such settlement - throueh agreement
or through judicial pronouncement - and without prejudice to such final solution,
some interim rule should apply. In the first phase of the procedure only an
automatically applicable rule could serve the purpose of restraining unilateral
measures of the States concerned (para. 2 of the prenent proposal).
However, as soon as the second phase of the procedure - i.e. conciliation -
has started, under paragraph t-R-The annex to the Vienna Convention on the
Law of Treaties, the Conciliation Commission .may at any time "draw the attention
of the parties tc the dispute to any measure whie7,7 algae facilitate an amicable
settlement".
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.18
23 July 1974
ENGLISH
ORIGINAL: FRENCH
Second Committee
ROMANIA: QUESTIONS OF THE DELIMITATION OF MARINE AND OCEAN
SPACE BETWEEN ADJACENT AND OPPOSITE NEIGHBOURING STATES,
VARIOUS ASPECTS INVOLVED
(Items 2.3.1, 3; 5.3; 6.7.2; 19 (b))
ARTICLE 1
The delimitation of all the marine or ocean space between two neighbouring States
shall be effected by agreement between them in accordance with equitable principles,
taking into account all the circumstances affecting the marine or ocean area concerned
and all relevant geographical, geological or other factors.
ARTICLF 2
1. The delimitation of any marine or oceLn space shall, in principle, be effected
between the coasts proper of the neighbouring States, using as a basis the relevant
points on the coasts or on the applicabl, baselines, so that the areas situated off the
sea frontage of each State are attributed thereto.
2. Islands which are situated in the maritime zones to be delimited shall be taken
into consideration in the light of their size, their population or the absence thereof,
their situation and their geographical configuration, as well as other relevant factors.
3. Low-tide elevations, islets and islands that are similar to islets (of small size,
uninhabited and without economic life) which are situated outside the territorial
waters off the coasts and which constitute eminences on the continental shelf - whether
light-houses or other installations have been built on them or not - and man-made
islands - regardless of their dimensions and characteristics - shall not be taken into
consideration in the delimitation of marine or oce n space between neighbouring States.
4. The naturally for'A areas of land referred to in paragraph 3 may have around them
or around some of their sectors maritime safety areas or even territorial waters,
provided they do not affect marine spaces belonging to the coasts of neighbouring States.
5. The provisions of the present article shall not be applicable to islands and to
other naturally formed areas of land which constitute part of an island State or of an
pe1agic State.
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RTICLE 3
The delimitation of space between two neighbouring States, whether they be adjacent
opposite, or whether they have both of these two geographical characteristics
11taneous1y, shall be governed by the method or combination of methods which provides
most equitable solution. For example, neighbouring States may use, exclusively or
joIntly, the geographical parallel or the perpendicular line from the terminal point of
tie land or river frontier, equidistance, or the median line of the points closest to
coasts or their baselines.
The terminal point of a river frontier shall be considered as the immediate
Ifiuence of the river and the sea, irrespective of whether the river flows into the
_ffa in the form of an estuary.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
SECOND COMMITTEE
Di_ r.
LIMITLT
A/CONF.62/C.2/L.20
23 Jubr 1974
ENGLISH
ORIGIBIAL: FRENCH
0111?11?01=111100.1 011.1.0101.11011.1?11.1111..
ALGERIA: STRAITS USED FOR INTERNATIWAL NAVIGATION:
SEMI-ENCLOSED SEAS
Article 1
1. Merchant ships and government ships operated for commercial purposes which are
proceeding to or from a coastal State bordering a semi-enclosed sea whose access to
ocean space lies exclusively through straits connecting two parts of the high seas and
traditionally used for international navigation shall enjoy the right of free transit
for this purpose.
9. The regime of passage provided for in this article shall, however, be applied
in accordance with the following provisions!
(a) During passage, ships shall observe all international regulations concerning
the prevention of collisions and shall accordingly comply with such traffic separation
schemes as may derive from this convention.or from recommendations by IMO.
(b) Ships shall likewise take all preventive measures necessary to avoid causing
any damage to the coastal States bordering the straits.
(c) Damage caused to the coastal State as a result of the exercise by a ship of
the right of passage under the regime of free transit shall entitle that State to claim
compensation.
(d) No State shall be entitled to interrupt or suspend free transit through
straits or to take any measures likely to hamper such transit.
3. The provisions of this article:
(a) Apply only to straits which connect two parts of the high seas and which
are traditionally used for international navigation
(b) Do not apply to straits already regulated by international conventions.
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Article 2
1. Warships and government ships operated for non-commercial purposes which are
passing through straits under the conditions provided for in article 1, paragraph 1,
iii en'v the rig:it of innocent passage.
2. The regime or innocent passage must be established in such a way as to safeguard
the legitimate rights and interests of coastal States with regard, inter aLia, to
national security and safety of navigation.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
onwal.m.???????Orare".....*?????????????......omr .1.04..................*P*10?010.0.....~.~Nomm????????~0.1,014?01??????1?410.001.????? ??????????????????????????????????
Distr.
LIMITEI
A/CONF.62/C.2/L.23
26 July 1974
ORIGINAL: ENGLISH
Sa=1.11) COMMITTEL
Turke : draft article on item
5.3 Questin of the delimitation between States; various
. aspects involved
1_ `Jilre the coasts of two or more States are adjacent and/or opposite, the
nerta.l shelf areas appertaining to each State, shall be determined by agreement
e,r.L)nii;tfl, in acccre,ance with equitable principles.
a, in the coursE of negotiations, the States shall take into account all the
levant fers, including, inter alia, the geomorphological and geological
of the shelf up to the outer limit of the continental margin, and
sperall ircumstarces such a3 thL! general configuration of the respective coasts,
th(:; e::.istuce of 7:.sland3, i,:lets or rocks of one State. on the continental shelf of
the other.
3. Th States shall make use of any of the methods envisaged in Article 33 of
?e Charter of the United Nations, a well as those established under international
areements to whizh th1:1 are parties, or other-peaceful means open to them, in
cS ny of the perties reNses to enter into or continue negotiations or in order
to. resolve difference which may arise during such negotiations.
4. The States may deci to apply any one or a combination. of methods and
principles appropriate for arriving at an equitable delimitation based on
agreement.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.31
30 July 1974
ORIGINAL: ENGLISH
SECOND COMMIIItE
Japan: draft article under item 5
1. The coastal State exercises over the sea-bed and subsoil of the submarine areas
adjacent to the coast but outside the area of the territorial sea, hereinafter referred
to as the coastal sea-bed area, sovereign rights for the purpose of exploring it and
exploiting its mineral resources.
2. The coastal State shall have the right to establish the coastal sea-bed area up to
a maximum distance of 200 nautical miles from the baseline for measuring the breadth of
the territorial sea as set out in ...
3. (1) Where the coasts of two or more States are adjacent or opposite to each other,
the delimitation of the boundary of the coastal sea-bed area appertaining to such States
shall be determined by agreement between them in accordance with the principle of
equidistance.
(2) Failing such agreement, no State is entitled to extend its sovereign rights
over the coastal sea-bed area beyond the median line, every point of which is equidistant
from the nearest points of the baselines, continental or insular, from which the breadth
of the territorial sea of each State is measured.
4. Nothing provided herein shall prejudice the existing agreements between the coastal
States concerned relating to the delimitation of the boundary of their respective
coastal sea-bed area.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
SECOND COMMTTTM
Dominican Republic: draft article on
straits and waterways
Distr.
LIMITED
A/CONP.62/C.2/L.59
14 August 1974
ENGLISH
ORIGINAL: SPANISH
The principle of prior negotiation shall be adopted between States having common
waterways and straits before either of them undertakes any works or installations
liable to result in pollution of any kind for the other coastal State.
1V)
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr. .
LIAITED
A/CONF.E2/C.2/L.47
8 August 1974
SECOND COMMITTFE
United States of America: draft articles for a chapter on the
economic zone and the continental shelf*
PART I. THE ECONOMIC ZONE
A. Coastal State Jurisdiction
Article 1. General
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, whether renewable or non-renewable, of the sea-bed 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 Convention, and shall be without prejudice to the provisions of
part III of this chapter.
Article 2. Limits
The outer limit of the ecolomic zone shall not exceed 200 nautical miles from the
applicable baselines for measuring the territorial sea.
* These articles, which are presented as a basis for negotiation subject to
agreement on other basic questions of the law of the sea, replace in their entirety
draft articles on fisheries and the coastal sea-bed economic area contained in
documents A/AC.138/SC.II/L.9 /Official Records of the General Asse0,1y, Twenty-seventh
Session, Supplement No. 21 (A/8721, pp. 175-179) and A/AC.138/SC.II/L.35iibid.,
thSeasiorme (A/9021, vol. III, pp. 75-7717.
** Detailed provisions on these subjects are to be set forth in the chapters of
the Convention on scientific research and pollution.
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Article 3. Artificial Islands and Installations
1. The coastal State shall have the exclusive right to authorize and regulate,
in the economic zone, 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 installation which may interfere with the
exercise of the rights of the coastal State in the economic zone.
2. The coastal State may, where necessary, establish reasonable safety zones
around such off-shore installations in which it may take appropriate measures to
ensure the safety both of the installations and of navigation.
3. The provisions of article 28 shall apply, mutatis mutandis to such artificial
islands and installations.
Article 4. Drilling
The coastal State shall have the exclusive right to authorize and regulate drilling
for all purposes in the economic zone.
Article 5. Right to Protect the Marine Environment
In exercising its rights with respect to installations and sea-bed activities in
the economic zone, the coastal State may establish standards and requirements for the
protection of the marine environment additional to or more stringent than those required
by applicable international standards.
Article 6. Coastal State Measures
With respect to activities subject to its sovereign or exclusive rights, the
coastal State may take such measures in the economic zone as may be necessary to ensure
compliance with its laws and regulations in conformity with the provisions of this
Convention.
B. Inter-ational Standards and Duties
Article 7. Navigation, Overflight, and Other Rights
Nothing in this chapter shall affect the rights of freedom of navigation and
overflight, and other rights recognized by the general principles of international 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 8. Unjustifiable Interference
1. The coastal State shall exercise its rights and perform its duties in the
economic zone without unjustifiable interference with navigation or other uses of the
sea, and ensure compliance with applicable international standards established by the
appropriate international organizations for this purpose.
2. In exercising their rights, 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 9. Duty to Protect the Marine Environment
In exercising its rights with respect to installations and sea-bed activities, the
coastal State shall take all appropriate measures in the economic zone for the
protection of the marine environment from pollution, and ensure compliance with
international minimum standards for this purpose established in accordance with the
provisions of chapter (pollution).
Article 10. Dispute Settlement
Any dispute with respect to the interpretation or application of this chapter shall,
if requested by any party to the dispute, be resolved by the compulsory dispute
settlement procedures contained in chapter
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PART II. FISHERIES
Article 11. General
The coastal State exercises exclusive rights for the purpoSe of regulating
fishing within the economic zone, subject to the provisions of these articles.
Article 12. Conservation
1. The coastal State shall ensure the conservation of renewable resources
witain the economic zone.
2. For this purpose, the coastal State shall apply the following principles:
(a) alloNsable? catch and other conservation measures shall be established which
are designed, on the best evidence available to the coastal State, to maintain or
restore populations 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 and 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 become threatened with extinction;
(c) for this purpose, scientific information, catch and fishing effort statistics,
and other relevant data shall be contributed and exchanged on a regular basis;
(d) conservation measures and their implementation shall not discriminate in
form or fact against any fisherman. Conservation measures shall remain in force
pending the settlement, in accordance with the provisions of chapter , of any
disagreement as to their validity.
Article 13. Utilization
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 renewable resources not fully
utilized by its nationals, subject to the conservation measures adopted pursuant to
article 12, and on the basis of the following priorities:
(a) States that have normally fished for a resource, subject to the conditions
of paragraph 3;
(b) States in the region, particularly- land-locked States and States with limited
access to living resources off their coast; and
(c)
all otner States.
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The coastal State may establish reasonable regulations and require the payment of
reasonable fees for this purpose.
3. The priority under paragraph 2 (a) above shall be reasonably related to the
extent of fisbiug 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 discrimination, and the coastal State shall enter into
consultations for this purpose at the request of the State or States concerned with
a view to minimizing adverse economic consequences of such reduction.
4. The coastal State may consider foreign nationals fishing pursuant to
arrangements under articles 14 and 15 as nationals of the coastal State for purposes
of paragraph 2 above.
Article 14. Neighbouring Coastal States
Neighbouring coastal States may allow each others' nationals the right to fish in
a specified area of their respective economic zones on the basis of reciprocity, or
long and mutually recognized usage, or economic dependence of a State or region thereof
on exploitation of the resources of that area. The modalities of the exercise of this
right shall be settled by agreement between the States concerned. Such right cannot
be transferred to third parties.
Article 15. Land-locked States
Nationals of a land-locked State shall enjoy the privilege to fish in the
neighbouring area of the economic zone of the adjoinine 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.
Article 16. Internatioual Co-operation Among States
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
or associated species, agree upon the measures necessary to
the conservation and equitable allocation of such species.
3. Coastal States shall give to all affected States
conservation, utilization and allocation regulations prior
and snail consult with such States at their request.
Article 17. Assistance to Developing Countries
An international register of independent fisheries experts shall be established and
maintained by the Food and Agricultural 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.
fishing for identical
co-ordinate and ensure
timely notice of any
to their implementation,
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Article 18. Anadromous Species
1. Fishing for anadromous species seaward of the territorial sea (both within
and beyond the economic zone) is_prohibited, except aG authorized by the State of
origin in accordance with articles 12 and 13.
2. States through whose internal waters or territorial sea anadromous species
migrate shall co-operate with the State of origin in the conservation and utilization
of such species.
Article 19. Highly Migratory. Species
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
harvest 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 organization in accordance with this article shall apply
to all vessels fishing the species regardless of their nationality.
B. Conservation. The organizatio,: shall, on the basis of the best scientific
evidence available, establish allowable catch and other ponservation measures in
accordance with the principles of article 12.
C. Allocation. Allocation regulations of the organization shall be designed to
ensure full utilization of the allowable catch and equitable sharing by member States.
(1) Allocations shall take int_ account the special interests of the coastal
State within whose economic zone highly migratory species are caught, and shall for
this purpose apply the followin..g 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 receive reasonable fees for fish caught by
foreign vessels in its economiczone, with a view to making an effective contribution
to coastal State fisheries management and development programmee. The organization
shall establish rules for the collection and payment of such fees, and shall make
appropriate arrangements with the coastal State regarding the establishment and
application of such rules: 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. /...
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L. Prevention of Interference The osganization shall establish fishing
regulations for hiahly migratory species in such a wsy as to prevent unjustifiable
interference with other uses of the sea, includins coastal State fishing activities,
and shall give due consideration to coastal Stets proposals in this regard.
F. Transition. Pehdins the establishment of an organization in accordance witb.
this article, the provisions of this article shall be applied temporarily by agreement
among the States concerned_
G. Interim Measures. If the organization or States concerned are unable to
reach asxeement 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 immediately preceding agreed
regulations shall continue to be observed until interim measures are established.
Article 20. Marine Mammals
Notwithstanding the provisions of this chapter with respect to full utilization
of living resources, nothing herein shall prevent a coastal State or international
organization, as appropriate, from prohibiting the exploitation of marine mammals.
Article 21. Enforcement
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 economis zone, and, in the case of anadromous species,
seaward of the economic zones of the host State an0 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, sush vessels shall bs 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
sUall be enforced as follows:
(a) Lach State member of the organization shall make it an offence for its flag
vessels to violate such regulations, and shall co-operate with other States in order
to ensure compliance ,iti 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
seyond the economic zone.
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(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.
(d) 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 III. THE CONTINENTAL SHELF
Article 22. General
1. The coastal State exercises sovereign rights over the continental shelf for
the purpose of exploring and exploiting its natural resources.
2. The continental shelf is the sea-bed and subsoil of the submarine areas
adjacent to and beyond the territorial sea to the limit of the economic zone or, beyond
that limit, throughout the submerged natural prolongation of the land territory of the
coastal State to the outer limit of its continental margin, as precisely defined and
delimited in accordance with article 23.
3. The provisions of this article are without prejudice to the question of
delimitation between adjacent and opposite States.
Article 23. Limits
(Provisions are needed for locating and defining the precise limit of the
continental margin, and to provide a precise and permanent boundary between coastal
State jurisdiction and the international sea-bed area.)
Article 24. Natural Resources
The natural resources referred to in article 22 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 25. Superjacent Waters
The rights of the coastal State over the continental shelf do not affect the legal
status of the superjacent waters, or that of the air space above those waters.
Article 26. Application of Economic Zone Provisions
The provisions of part 1 of this chapter shall apply, mutatis mutandis, to the
sea-bed and subsoil of the continental shelf.
Article 27. Duties with Respect to Non-Renewable Resources
In the exercise of its rights with respect to the non-renewable resources of the
continental shelf, the coastal State:
(a) shall comply with legal arrangements which it has entered into with other
contracting States, their instrumentalities, or their nationals in respect to the
exploration or exploitation of such resources and shall not take property of such States,
instrumentalities or nationals except for a public purpose on a non-discriminatory basis
and with adequate provisions at the time for prompt payment of just compensation in an
effectively realizable form, and
I.
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(b) shall pay, in respect of the exploitation of such non-renewable resources
seaward of the territorial sea or the 200-mctre isobath, whichever is farther seaward
(insert formula), to be used as specified in article' , for international
community purposes, particularly for the benefit of developing countries.
Article 28. Installations
1. 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 installation which may interfere with the exercise
of the rights of the coastal State.
2. The coastal State may, where necessary, establish reasonable safety zones .
around such off-shore installations in which it may take apnroptiate 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 must respect these safety zones.
3. 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 Maritime 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 non-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.
4. Due notice must be given of the construction of any such installations and the
extent of safety zones, and permanent means for giving warning of the presence of such
installations must be maintained. Any such installations which are abandoned or disused
must be entirely removed.
5. States shall ensure compliance by vessels of their'flag with applicable
international standards regarding navigation outside the safety zones but in the vicinity
of such off-F.hore installLticns.
6. Installations and safety zones around them may not be established where
interference may be caused to the use of recognized sea lanes essential to international
navigation.
7. For the purpose of this section, the term "installations" refers to artificial
off-shore islands, facilities, or similar devices, other than those which are mobile in
their normal mode of operation at sea. Installations shall not afford a basis for a
claim to a territorial sea or economic zone, and their presence does not affect the
delimitation of the territorial sea or economic zone of the coastal State.
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Article 29. Submarine Cables and Pipelines
1. Subject to its right to take reasonable measures for the exploration and
exploitation of the natural resources of the continental shelf, the coastal State may
not impede the laying or maintenance of submarine cables or pipelines on the continental
shelf.
2. Nothing in this article shall affect the jurisdiction of the coastal State over
cables and pipelines constructed or used in connexion with the exploration or
exploitation of its continental shelf or the operations of an installation under its
Jurisdiction, or its right to establish conditions for cables or pipelines entering its
territory or territorial sea.
1
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1. Albacore Tuna
2. Bluefin Tuna
3. Bigeye Tuna
4. Skipjack Tuna
5. Yellowfin Tuna
6. Pomfrets
7.
Marlin
ANNEX A
HIGHLY MIGRATORY SPECIES
8. Sailfishes
9. Swordfish
10. Sauries
11. Dolphin (fish)
12. Cetaceans (whales and porpoises)
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
A/CONF.62/C.2/La7
23 July 1974
ENGLISH
ORIGINAL: SPANISH
Second Committee
Working Document submitted by Ficaragua
National Zone: Characteristics
1. The coastal State shall be entitled to a sea area adjacent to its coasts, up to a
distance of 200 nautical miles measured from the applicable baseline. This area shall
constitute the national sea of the coastal State. The delimitation of the national seas
of adjacent or opposite coastal States shall be determined in accordance with the
provisions of this Convention.
2. It shall be within the competence of the coastal State to make provision in its
national sea for sovereign, jurisdictional or special powers, or combinations thereof
with no limitations other than those provided for in this Convention.
3. The same right shall extend to the air space above the national sea, and to the
submarine shelf which continues the territory of the State as far as the outer edge of
the continental emersion. When the shelf does not extend as far as the outer limit of
the national sea, the right of the coastal State shall extend to the sea-bed and the
subsoil thereof as far as such outer linit.
L. The national sea, superjacent air space, submarine shelf and/or sea-bed and subsoil
referred to in the preceding paragraph shall constitute the national zone of the coastal
State, the integrity and inviolability of which shall be guaranteed by the international
community.
5. Within the first 12 nautical miles of the national sea, beginning from the baseline
drawn for such sea, the coastal State shall guarantee to foreign ships the right of
innocent passage in accordance with the terms defined in this Convention.
6. In the national zone beyond the first 12 nautical miles referred to in the
preceding paragraph, the coastal State shall guarantee to natural or juridical persons
of third States that fishing, freedom of navigation, overflight, the laying of
submarine cables and pipelines, and other legitimate uses of the zone shall be subject
to no restrictions other than those provided for in this Convention and in treaties
concluded subsequent thereto.
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7. Straits used for international navigation shall be subject to the regime referred
to in
8. Non-coastal and other geographically disadvantaged States shall benefit from the
compensatory provisions of this Convention and from any preferences which they may obtain
through treaties.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
A/CONF.62/C.2/L.21
25 July 1974
ORIGINAL: ENGLISH
COD C0i4iITTEE
Nigeria: draft articles on the exclusive economic zone
Artiele 1
TEE RIGHTS AND cOMPETRaCES 0? A COASTAL STATE
I. A coastal State has the right to establish beyond its territorial sea, an exclusive
economic zone the outer limit of which shall not exceed 200 nautical miles measured from
the applicable baselines for measuring the territorial sea.
A coastal tate has the following rights and competences in its exclusive economic
zone:
(a) exclusive right to explore and exploit the renewable living resources of the
ea and the sea-bed:
sovereien rights for the Purpose of exploring and exploiting the non-renewable
af the continental shelf, the sea-bed and the subsoil thereof;
(c) exclusive jurisdiction for the purpose of control, regulation and preservation
-te earine environment includine pollution control and abatement;
exclusive :,ursdiction for ene purpose of Protection, prevention and
relation of other natters ancillary to the riehts and competences aforesaid and, in
the prevehtioq and punishment o: infringements of its customs fiscal,
erti_n or sanitary regulations within its territorial sea and economic zone; and
(e) exclusive jurisdiction for the purpose of control, authorization and
reehilation of scientific research.
S. A coastal State shall have the exclusive right to authorize and regulate in the
exclusive economic zone, the continental shelf, ocean bed and subsoil thereof, the
construction, emplacement, operation and use of offshore islands and other installations
for purposes of the exploration and exploitation of the non-renewable resources thereof.
4. A coastal State may establish a reasonable area of safety zones around its offshore
artificial islands and other installations in which it may take appropriate measures to
ensure the safety both of its installaticns and of navigation. Such safety zones
shall be designed to ensure that they are reasonably related to the nature and functions
of the installations.
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Article 2
THE RIGHTS AND COMPETENCES OF OTHER STATES
1. All States shall have the following rights in the exclusive economic zone of a
.coastal State:
(a) freedom of navigation and overflight; and
(b) freedom of le.ying of submarine cables and pipelines.
2. All States may exercise, subject to an appropriate bilateral or, regional arrangement
or agreement, the competence to exploit an agreed level of the living resources of the
zone.
Article 3
THE DUTIES OF A COASTAL STATE
1. A coastal State shall use its exclusive economic zone for peaceful purposes only.
2. A coastal State, in its exclusive economic zone, shall enforce applicable
international standards regarding the safety of navigation.
3. A coastal State, in its exclusive economic zone, is under an international duty not
to interfere without reasonable justification with:
(a) the freedom of navigation and overflight, and
(b) the freedom of laying of submarine cables and pipelines.
4. A coastal State shall not erect or establish artificial islands and other
installations, including safety zones around them, in such a manner as to interfere with
the use -y all States of recognized sea lanes and traffic separation schemes essential
to international navigation.
Article 4
THE DUTIES OF OTHER STATES
1. In the exclusive economic zone of the coastal State, all other States are duty bound
not to interfere with the exercise by the coastal State of its rights and competences.
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Li
2. In such an exclusive economic zone, all other States shall ensure compliance by
vessels of their flag with:
(a) applicable international standards regarding the safety of navigation outside
safety zones established by a coastal State around offshore artificial islands and other
installations used for the exploration and exploitation of the non-renewable resources
of the zone; and
(b) the regulations of the coastal State regarding the safety of the said offshore
artificial islands and other installations as well as ancillary regulations of the
coastal State regarding the enforcement of its customs, fiscal, immigration and
sanitation laws.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Mani?MMIONOOMMIMONI
SECOND COMMITTEE
Distr.
LIMITED
A/CONF.62/C.2/L.21/Corr.1
31 July 1974
ORIGINAL: ENGLISH
Hiaeria: draft articles on the exclusive economic zone
Corrigendum
Ems.1.2I.ths2,.e 1, paragraPh 3, third line
For offshore islands read offshore artificial islands.
C-c7ou
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I
UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.22
25 July 1974
ORIGINAL: ENGLISH
SECOND COMMITTEE
Greece: draft articles of the Convention
PART II
NATIONAL MARITIME ZONES
SECTION I
GENERAL
Article I
Zones
1. The national maritime zones comprise: (a) the internal or archipelagic waters,
(b) the territorial sea, (c) the contiguous zone, (d) the economic zone, in which the
coastal State exercises its national sovereignty or jurisdiction in accordance with the
provisions of this Convention.
2. The national maritime zones extend up to a maximum seaward limit of 200 nautical
miles.
Article 2
Maritime zones under national sovereignty
1. The sovereignty of a coastal State extends beyond its continental or insular
territory to its: (a) internal or archipelagic waters, (b) territorial sea,
(c) continental shelf area of the economic zone.
2. The sovereignty of a coastal State extends also beyond its continental or insular
territory to the air space over the internal or archipelagic territory, to the air
space over the internal or archipc_agic waters, over the territorial sea, and to the
sea-bed and subsoil thereof and to the continental shelf, as well as to their resources.
3. This sovereignty is exercised subject to the provisions of these articles and to
the other rules of international law.
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Article 3
Maritime zones under national jurisdiction
1. Subject to the provisions of this Convention the coastal State exercises
jurisdiction over the contiguous zone and the economic zone.
SECTION II
INTERNAL OR ARCHIPELAGIC WATERS AND BASELINES
Article 4
Internal and archipelagic waters
1. Internal waters are the waters adjacent to the coast of a State on the landward
side of the baseline of its territorial sea.
2. Archipelagic waters are the waters adjacent to the coast of archipelagic islands
on the landward side of the baseline of their territorial sea in accordance with the
provisions of this Convention.
Article 5
Baselines
1. Baseline is the line, normal or straight, which divides the internal or
archipelagic waters from the territoriZ1 sea.
2. Normal baseline is the natural low water line along the continental or insular
coast as marked on charts officially recognized by the coastal State.
3. Straight baseline is the-line employed in drawing the line separating the .
internal or archipelagic waters from the territorial sea.
4. The method of straight baselines joining appropriate points of the coast may be
employed: (a) where the natural coastline is indented and cut into, (b) in the case
of bays under the provisions of this section, (c) if there is a fringe of islands
(d) in the case of archipelagos.
5. The 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 regithe of internal
waters.
6. Baselines shall not be drawn to and from low-tide elevations, unless lighthouses
or similar installations which are permanently above sea level have been built on them.
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7. If a river flows directly into the sea, the baseline shall be a straight iine
across the mouth of the river between points on the low-tide line of its banks.
8. The system of straight baselines may not he applied by a State in such a manne:-
as to cut off from the high seas the territorial sea of another State.
9. The coastal State must clearly indicate straight baselines on charts, to whic.1
due publicity must be given.
Article 6
Bays
1. This article relates only to bays the coasts of which belong to a single Stat..
2. For the purpose of this article, a bay is a well-marked indentation whose
penetration is in such proportion to the width of its mouth as to contain land-locked
waters and constitute more than a mere curvature of the coast. An indentation shall
not, however, be regarded as a bay unless its area is as large as, or larger than,
that of the semi-circle whose diameter is a line drawn across the mouth of that
indentation.
3. For the purpose of measurement, the area of an indcntation is that lying between
the low-water mark around the shore of the indentation and a line joining the low-water
mark of its natural entrance points. Where, because of the presence of islands, an
indentation has more than one mouth, the semi-circle shall be drawn on a line as long
as the sum total of the lengths of the lines across the different mouths. Islands
within an indentation shall be included as if they were part of the water area of the
indentation.
4. If the distance between the low-water marks of the natural entrance points of a bay
does not exceed 24 miles, a closing line may be drawn between those two low-water marks,
and the waters enclosed thereby shall be considered as internal waters.
5. Where the distance between the low-water marks of the natural entrance points of
a bay exceed 24 milee, a straight base-line of 24 miles shall be drawn within the bay
in such a manner as to enclose the maximum area of water that is possible with a line
of that length.
6. The foregoing provisions shall not apply to so-called "historic" bays, or in any
case where the straight base-line system provided for in article 5 is applied.
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SECTION III
TERRITORIAL SEA,
Article 7
Definition and breadth of the territorial sea
1. Territorial sea is the belt of sea extending from the outer limit of the internal
or archipelagic waters to 12 nautical miles measured from the baselines, drawn in
iccordance with article 5 of Section II of this Convention.
The outer limit of the territorial sea is the line every point of which is at a
,istance from the nearest point of the baseline equal to the breadth of the territorial
sea.
Roadsteads which are normally used for the loading, unloading and anchoring of
.,hips. and which would otherwise be situated \holly or partly outside the outer limit
of the territorial sea, are included in the tcrritorial sea. The coastal State must
clearly demarcate such roadsteads and indicat..2 them on charts together with their
,oundaries, to which due publicity must be given.
Article 8
Delimitation of the territorial sea
Every State shall have the right to determine the breadth of its territorial sea
to 12 nautical milea.
Where the coasts of two States are opposite or adjacent to each other, neither of
two States is entitled, failing agreement between them to the contrary, to extend its
territorial sea beyond the nedian ]inc, every point of which is equidistant from the
nearest points on the baselines continental or insular, from which the breadth of the
7erritoria1 seas of each of the two States is measured.
3. The line of delimitatiOn between the territorial seas of two States opposite or .
adjacent to each other shall be marked on charts officially recognized by the coastal
7tates.
,. For the purpose of delimitinG the territorial sea, the outermost permanent harbour
mrks which form an integral part of the harbour system shall be regarded as forming
,art of the coast.
Where the establishment of a territorial sea of 12 nautical miles haa the effect
.f enclosing areas which had been previously considered as part of the high sea, the
tate extending its territorial sea shall rI e peaceful navigation through appropriate
_ea-lanes established for that purpose without prejudice to the rime of straits in
ccordance with the provisions of Section ... of this Convention.
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Article 9
Islands
An island is a naturally formed area of land, surrounded by water which is above
1. at high-tide.
An island forms an integral part of the territory of the State to which it belongs:
IJe territorial sovereignty over the island extends to its territorial sea, to the air
over the island and its territorial sea to its sea-bed and subsoil thereof and to
Lontinental shelf for the purpose of exploring it and exploiting its natural
urces.
maritime zone of the island is determined in accordance with the same
--rxisons applicable to the measurements of the territorial sea of the continental
of the territory of the State.
The above provisions do not prejudice the regime of archipelagic islands.
17
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
SECOND COMMITTEE
Greece:
Pictr.
LIMITED
A/CONF.62/O.2/L.22/Corr.1
9 AL,ut 1974
ENGLISH ONLY
draft articles of the Convention
221MIJOIY1111
The first line should read:
The maritime zones of the island are determined in accordance with the same
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMrrED
A/CONF.62/C.2/1.32
31 July 1974
ORIGINAL: ENGLISH
SECOND COMMITTEE
Greece: draft articles on the exclusive economic zone
Item 6. Exclusive economic zone beyond the territorial sea
Article ...
Article
The provisions applicable for the determination of the economic zone of a
State are as a general rule applicable to its islands.
Article ...
Article
1. Where the coasts of two or more States are adjacent or opposite to each other
and the distance between them is less than double the uniform breadth, provided in
this Convention, the delimitation of their economic zones and of their sea-bed
areas shall be determined by agreement among themselves.
2. Failing such agreement, no State is entitled to extend its rights over an
economic zone and sea-bed area beyond the limits of the median line every point of
which is equidistant from the nearest points of the baselines, continental or
insular, from which the breadth of the above areas of each of the two States is
measured.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.35
1 August 1974
ORIGINAL: ENGLISH
SECOND COMMITTEE
Jamaica: draft articles on item 6.1
Rights of developing geographically disadvanta:ged States within the economic zone
or patrimonial sea
Article 1
The regime applicable to any economic zone or patrimonial sea provided for in
article of this Convention shall be subject to the rights of developing geographically
disadvantaged States as contained in articles 2, 3, 4 and 5 of this draft.
Article 2
1. In any region where there are geographically disadvantaged States, the nationals of
such States shall have the right to exploit the renewable resources within the economic
zones or patrimonial seas of the region -Por the purpose of fostering the development
of their fishing industry and satisfying the nutritional needs of such populations.
2. The States of the region shall co-operate to the fullest extent in order to secure
the enjoyment of this right.
Article 3
Except as provided in article 4, nothing in articles 1 and 2 shall apply to
territories under foreign ?domination or forming an integral part of metropolitan powers
outside the region.
Article 4
In the application of articles 1 and 2 to the Associated States, self-governing
territories and territories under foreign domination, the rights thereby conferred shall
be so applied as only to confer rights on the inhabitants of such territories for the
purpose of their domestic needs.
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Article 5
For the purposes of these articles:
1. "geographically disadvantaged States" means developing States .which.
(a) are land-locked; or
0(11)..7.for geographical,. biological or ecological reasons:
A-rzrzorl :
) evoibstanta2 166tittg7titi &Ai:Milt age from esthibliehi.11g
ecohOMIC %, vOLLNI1 (-?8 ,0
? !:,1C'4'101
(ii) are adversely affected in their economies by the establishment of, ,
economic zones or patrimonial seas by other States; or
(iii) have short coastlines and cannot extend uniformly their national
jurisdiction.
2. "nationals" include enterprises substantially owned and effectively controlled by
nationals.
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UNITED NATIONS
z ThIRD CONFERENCE
ON THE LAW OF THE SEA
Second Committee
Distr.
LIMITED
A/CONF.62/C.2/L.34
1 August 1974
ORIGINAL: ENGLISH
Turkey: Draft article on item 6_
Delineation between adlacent and_2pposite States
1. Where the coasts of two or more States are adjacent or opposite to each other,
the delimitation of the respective economic zones shall be determined by agreement
among them in accordance with equitable principles, taking into account all the relevant
factors including, inter alia, the geomorphological and geological structure of the
sea-bed area involved, and special circumstances such as the general configuration of
the respective coasts, and the .existence of islands, islets or rocks within the area.
2. The States shall make use of any of the methods envisaged in Article 33 of the
Charter of the United Nations, as well as those established under international
agreements to which they are parties, or other peaceful means open to them, in case
any of the parties refuses to enter into or continue negotiations or in order to resolve
differences which may arise during such negotiations.
3. The States may decide to apply any one or a combination of methods and principles
appropriate for arriving at an equitable delimitation based on agreement.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.38
5 August 1974
ENGLISH
ORIGINAL: RUSSIAN
SECOND COMMITTEE
Byelorussian SSR, People's Republic of Bulgaria, German Democratic
Republic, Polish People's Republic, Ukrainian SSR, and Union of
Soviet Socialist Republics: draft articles on the economic zone
The delegations of the Byelorussian SSR, the People's Republic of Bulgaria, the
German Democratic Republic, the Polish People's Republic, the Ukrainian SSR and the
Union of Soviet Socialist Republics, noting the understanding reached at the Conference
that all questions concernning the law of the sea are interrelated and must be resolved
in the form of a "package deal', are prepared to agree to the establishment of an
economic zone, as set forth in the present -draft articles, on condition that mutually
acceptable decisions are also accepted by the Conference on the other basic questions of
the law of the sea (12-mile breadth of territorial waters, freedom of passage through
international straits, freedom of navigation, freedom of scientific research,
determination of the outer limits of the continental shelf, the sea-bed regime and the
prevention of pollution of the sea environment).
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SECTION I: GENERAL PROVISIONS
Artiale I
The coastal State shall have the righ?.. to establish a zone, contiguous to its
territorial sea, for the purposes of the preservation, exploration and exploitation of
the living and mineral resources therein, to be known as the economic zone.
Article 2
The coastal State shall, within the limits of the economic zone, exercise in
accordance with the present Convention sovereign rights over all living and mineral
resources in the waters the sea-bed and the subsoil thereof.
Article 3
The economic zone shall not extend beyond the limit of 200 nautical miles,
calculated from the baselines used to measure the breadth of the territorial waters.
Article 4
The rights of the coastal State in the economic zone shall be exercised without
prejudice to the rights of all other States, whether having access to the sea or
land-locked, as recognized in the provisions of the present Convention and in
international law, including the right to freedom of navigation, freedom of overflight,
and freedom to lay submarine cables and pipelines.
Art'cle 5
Within the limits of the economic zone each State may freely carry out fundamental
scientific research unrelated to the exploration and exploitation of the living or
mineral resources of the zone. Scientific research in the economic zone related to the
living and mineral resources shall be carried out with the consent of the coastal State.
Article 6
The coastal State shall exercise its rights and obligations in the economic zone
in accordance with the provisions of the present Convention, with due regard to the legal
aspects of the use of the high seas and bearing in mind the need for a rational
exploitation of the natural resources of the sea and the preservation of the sea
environment.
Article 7
_ _
1. Subject to the provisions of paragraphs- 2 and 3. of the present article, the coastal
State shall have the sovereign right toengage in, decide on and regulate, within the
economic zone, the construction, operation and utilization. of non-coastal installations
and other facilities, set up for purposes of exploration and exploitation of the natural
resources of the economic zone.
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2. The coastal State Shall ensure compliance with the agreed international standards
concerning the breadth of the safety zone around non-coastal installations and other
facilities and navigation beyond the limits of the safety zone but close to such
non-coastal installations and other facilities.
3. None of the installations and other facilities or safety zones around them mentioned
in paragraphs 1 and 2 of the present article may be set up in places where they might be
a hindrance to the use of the regular sea routes which are of essential importance to
international navigation, or of areas which are of special importance to fishing.
Article 8
In exercising their rights under the present Convention States shall not hinder the
exercise of the rights or the fulfilment of the obligations of the coastal State in the
economic zone.
Article 9
The coastal State and all other States shall ensure that all activities for the
preservation, exploration and exploitation of the living and mineral resources in the
economic zone are carried out solely for peaceful purposes.
Article 10
No economic zone must be established by any State which has dominion over or controls
a foreign territory in waters contiguous to that territory.
SECTION IT: FISHERIES
Article 11
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 the maximum use and preservation of such resources for the purpose of increasing the
production of food-stuffs derived from such resources.
2. 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 catch of fish and other living resources.
Article 12
On the basis of appropriate scientific data and in accordance with the
recommendations of the competent international fishery organizations consisting of
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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) Th b allosaable annual catch of each species of fish or other living
marine resources except highly migratory species of fish;
(b) The proportion of the allowable annual catch of each species of fish or other
living marine resources that it reserves for its nationals;
(c) That part of the allowable annual catch of fish or other living marine
resources that may be taken by other States holding licences to fish in the economic
zone in accordance with articles 15 and 16 of this Convention;
(d) Measures to regulate the exploitation of living marine resources;
(e) Measures to conserve and renew living marine resources;
(f)
Regulations for monitoring the observance of the measures specified in
subparagraphs (d) and (e).
Article 13
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.
Article 14
The size of the allowable annual catch, and the measures for the conservation,
exploration and exploitation of living marine resources in the economic zone shall be
established with due regard to appropriate economic factors and to environmental factors
and in accordance with internationally agreed rules.
Article 15
1. If a coastal State does not take 100 per cent of the allowable annual catch of.
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.
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2. Permission for foreign fishermen to fish in the economic zone of a developed
coastal State shall be granted on an equitable basis and in accordance with the
provisions of articles 16, 19 and 20 of this Convention.
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 16, 17, 18, 1..7 and 20 of this Convention.
Article 16
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 18 and 19 of this
Convention, the following order:
(a) States which have borne considerable material 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 Staten without discrimination.
Article 17
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
with the provisions of this Convention and the recommendations of the competent
international fishery organleations and by agreement between the States concerned.
Payment for fishing permits granted to foreign fishermen in the economic zone
of a developing ceaste. State shall be levied on a reasonable basis and may take
various forms.
Article 18
Neighbouring developing coastal States may allow each other's nationals the right.
to fish in a specified area of their economic -zones on the basis of long and mutually
recognized use. The conditions for the exercise of this right shall be established
by agreement between the States concerned, and such right cannot be transferred to a
third party.
Article 19
Developing States which are land-locked or which have a narrow outlet to the sea
or a narrcw 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 cenditions governing the enjoyment of this privilege shall be worked
out by agreement betwe2n the parties concerned.
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Article 20
1. Coastal States in whose rivers anadromous species of fish (salmonidae) spawn
shall have f_overeign rights over such fish and all other living marine resources within
the economic zone and preferential rights outside the zone in the migration area of
anadromous fish.
2. Fishing by foreign fisheries for anadromous species may be carried on by an
agreement between the coastal State and ni.,,ther interested State establishing
regulatory and other conditions governing fishing by foreign nationals.
3. ftiority in obtaining the right to fish for anadromous species shall be given to
States participating jointly with the coastal States in measures to renew that species
of fish, particularly in expenditure for that purpose, and to States which have
traditionally fished for anadromous species in the region concerned.
Article 21
In order to enable the fishing fleets of other States whose fishermen have
habitually fished in the economic zone established pursuant to article 1 of this
Convention to change over to working under the new conditions, a coastal State shall
continue to grant the fishermen specified in this article the right to fish in the
economic zone for a transition period of not less than three years after the entry
into force of this Convention.
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4,\ LpIjid0
UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.38/Corr.1
13 August 1974
ENGLISH AND SPANISH ONLY
SECOND COMMITTEE
Bulgaria, Byelorussian SSE, German Democratic Republic,
Ukrainian SSR and Union of Soviet Socialist Republics:
draft articles on the economic zone
Corrigendum
Page 2, article 6
2nd and 3rd lines: For with due regard to the legal aspects of the use of the
high seas read with due regard to the other legitimate uses of the high seas
C-1210
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1WCT
th
.11(1ftle
g
THIRD CONFERENCE
? ON THE LAW OF THE SEA
SECOND COMMITTEE
Distr.
LIMITED
A/CONF.62/C.2/L.60
14 August 1974
ENGLISH
ORIGETAL: SPANISH
El Salvador: working paper on item 6 - exclusive economic zone
It is proposed that the elements listed hereunder be inserted for consideration
at the appropriate place in the formulations already submitted concerning the
charecteristics of the exclusive economic zone:
1, Jurisdiction of the coastal State over other economic uses of the waters;
2. Residual competences and rights in favour of the coastal State;
3. The indication that the exclusive economic zone is contiguous to the
high seas.
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J
7:11 lkfl UNITED NATIONS
.?,:
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LINITLD
A/CONF.62/C.2/L.65
16 August 1974
ENGLISH
ORIGINAL: SPANISH
SECOWD COiWTTED
Bolivia and Paraguay: draft articles on the
"regional economic zone"
,,Dipnptory note: The delegations of Bolivia and Paraguay have held consultations on a
number of questions concerning the law of the sea, in particular the topic of the
regional economic zone. They now present the following draft articles for consideration
in the debate on that item at the Third United Nations Conference on the Law of the Sea.
The preparation and submission of these draft articles do not, of course, imply
the withdrawal or replacement of any proposals already submitted separately or jointly
by the sponsoring States. This proposal is intended as an improved and expanded version
of previous proposals. The basic philosophy underlying the regional economic zone has
already been outlined in the statement made by the representatives of Bolivia and
Paraguay on 5 August 1974.
Article 1
Coastal States and neighbouring land-locked States shall have the right to
establish joiztly regional economic zones between the 12-mile territorial sea and up
to a maximum distance of 200 nautical miles, measured from the applicable baselines
of tne territorial sea.
Article 2
All the States concerned shall participate fully in the regional economic zone
and snail be entitled to enjoy the use and benefits of all renewable and non-renewable
resources therein, with equal rights and obligations.
Article 3
The States which form part of a regional economic zone shall jointly manage the
exploration, exploitation and conservation of the resources of the zone through
regional machinery, on the same lines as that proposed for a similar purpose in the
sea-bed and ocean floor beyond the limits of national jurisdiction, which shall also
ensure an equitable distribution of the resulting benefits.
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Article 4
Third States, international, governmental and non-governmental organizations
whatever their scope, and natural or legal persons may be allowed to co-operate in
the regional economic zones, and financing may be accepted from any source for the
operation of the regional machinery.
Article 5
Within the.limits.of each regional-etonoMie-zanethere 'shall be regional soverei&nty
for the exploration, exploitation ?and conservation of the natural. resources, whether
renewable or non-renewable, of the sea-bed, the subsoil and the superjacent waters,
and jurisdictional powers over the contiguous zone shall be exercised exclUsive.lY.H1W-:.
tne coastal State
Article 6
On the basis of the equality of rights and obligations of all participating States
without discrimination of any kind, the regional economic zone shall protect and preserve,
and ensure the protection and preservation of, the marine environment, and may permit .
joint scientific research to be carried on.
Article 7
, The regional economic zone may establish, preferably through the regional machinery,
an enterprise as the organ of the authority responsible for carrying out all technical,
industrial and commercial activities, including the regulation of production, the
marketing and the distribution of raw materials from the regional economic zone resulting
from exploration of the zone and exploitation of its natizral resources. The enterprise,
in the exercise of its functions and powers, which shall be laid down in a convention
and its pertinent regulations, Shall assume responsibility for the relevant activities,
either directly or through operational contracts, joint ventures, joint management or any
other type of legal regime which does not conflict with the interests of the zone and
the machinery shall ensure effective administrative and financial control in all -
circumstances.
Article 8
In the exercise of its powers and functions, the enterprise shall act in accordance
with the general policy and conditions laid down by the competent regional assembly,
and shall submit proposals with regard to its activities and the legal provisions
required for such activities to the competent body or council for consideration and
authorization.
Article 9
On the same lines as the international zone and the marine an.d ocean resources
beyond national jurisdiction, which are deemed to be the common heritage of mankind -
a principle that has already acquired the character of a rule of international law -
tile regional economic zones and their renewable and non-renewable resources shall be
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Article 10
The regional economic zones may organize themselves on the broadest possible
basis and shall also exploit their resources in such a manner as to ensure that they
do not adversely affect the national land-based economies of countries dependent on a
single conmodity which are members of the zone or of other zones.
Article 11
The members of each regional economic zone, whether or not they are coastal
States, shall be equitably and fairly represented both in the regional machinery
and in the enterprise.
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UNITED NATIONS
THIRD CONFERENCE
OH THE LAW OF THE SEA
TA,)tr.
LIMITED
A/COFF.62/C.2/L.82.
26 August 1974
ORIGINAL: ENGLISH
SECOND COMMITTEE
Ghana, Ivory Coast, Kenya, Lesotho, Liberia Libyan Arab Re ublic
Nada ascar, Mali Mauritania, Morocco, Sene al, Sierra Leone, Sudan
Swaziland Tunisia Uh.l.t2d_R2p2blic of Cameroon and United Re ublic
of Tanzania: draft articles on the exclusive economic zone
Article I
A coastal State has the right to establish beyond its territorial sea an Exclusive
Economic Zone which shall not exceed 200 nautical miles from the applicable baselines
fc,r rciasuring the tecr:'_torial sea.
Article II
(1) In the Exclusive Economic Zone a coastal State shall have sovereignty over the
living and non-living resources. It shall have sovereign rights for the purpose of
regulation, control, exploration, exploitation, protection and preservation of all living
and non-living resources therein.
(2) The resources referred to in (1) of this article, shall encompass the living
and non-living resources of the ratercolumn, the sea-bed and the subsoil.
(3) Subject to article VI, no other State has the right to explore and exploit the
resources therein without the consent or agreement of the coastal State.
Article III
A coastal State shall also have exclusive jurisdiction within the Exclusive Economic
Zone, inter alia, for the purposes of:
(a) Control, regulation and preservation of the marine environment including
pollution control and abatement;
(b) Control, authorization and regulation of scientific research;
(c) Control and regulation of customs and fiscal matters related to economic
activities in the zone.
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ArLicle TV
L coastal State shall have the exclusive rignt to make and enforce regulations
ro1at4sp. to, inter alia, the followin.-:
(a) The authorization xind regulation of drilling for all purposes,
)
The construction, emplacement, operation and use of artificial islands and
other installations.
(-.) Establishment and regulation of safety zones around such off-shore islands and
(d) Tne licensing of fining vessels and gear,
(e) C1a3aa71 fishing seasons,
Tyoos, sizes and amouut of gear; and numbers, sizes and types of fishing
VScjS
Quota and sizes of fish that may be caught
(h) The conduct of research, disposition of samples and reporting of associated
scientifi 0_ta.
Article V
(1.) In the Exclusive Economic Zone ail States shall enjoy
ovorfliaht layina of submarino cables and pipelines.
(?) In the exercise of freedoril3
shall ensur that their .ctivi%ics in
manner as not to interfere with the
referred to in paraaraph 1
the Exclusive Economic Zone
rights and interests of the
Article VI
he freedom of navigation,
of this article, States
are carried out in such
coastal State.
(1) Developing. land-lockud and other geographically disadvantaged States have the
right to exploit the living re6ources of the 11Xc1usive Economic Zones of neighbouring
States and shall hear the corresponding obligations.
(2) Nationals of land-locked and other geographically disadvantaged States shall
enjoy tne same rights and bear the same obligations as nationals of coastal States in
the exploitation of tlic? living resources of the Exclusive 2conomic Zone.
(3) 3i1atcra1, subregional or regional arrangements shall be worked out for the
oraor,eo of eni-;nrinc the enjoyl:ent of the rights and the carrying out of the obligations
re:.errcj to in pnrara:.hs I an6 2 of this article in full respect of the sovereignty of.
tho States concerned.
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Article VII
States in a region may establish regional or subregional arrangements for the
purposes of developing and managing the living resources, promoting scientific research,
Preventing and controlling pollution, and for the purpose of peaceful settlement of
disputes.
Article VIII
(1) The delimitation of the Exclusive Economic Zone between adjacent or opposite
States shall be done by agreements between them on the basis of principles of equity, the
median line not being the only method of delimitation.
(2) For this purpose, special account shall be taken of geological and
zeomorphological factors as well as other special circumstances which prevail.
Article IX
Each State shall ensure that any exploration or exploitation activities within its
Exclusive Economic Zone is carried out exclusively for peaceful purposes and in such a
manner as not to interfere with the legitimate interest of other States in the region or
those of the international community.
Article X
No State shall be entitled to construct, maintain, deploy or operate, in the
Exclusive Economic Zone of another State, any military installation or device or any
other installa-:icn or device for whatever purposes without the consent of the coastal
State.
Article XI
In respect of a territory whose people have not achieved full independence or some
other self-governing status recognized by the United Nations, the rights to the resources
of its Exclusive Economic Zone belong to the people of that territory. These rights
shall be exercised by such people for their benefits and in accordance with their needs
and requirements. Such rights may not be assumed, exercised or benefited from or in any
way be infringed upon by a foreign Power administering or occupying or purporting to
administer or to occupy such territory.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
SECOND COMMITTEE
Distr
LIMITED
A/CONF,62/C.2/L.25
26 July 1974
ORIGINAL: ENGLISH
Greece: draft articles on the continental shelf
5. Continental shelf
5.1 Nature and scope of the sovereign rights of coastal
States over the continental shelf
5.2 Outer limit of the continental shelf: applicable criterii
The term "cc
areas adjacent tc
territorial sea,
within the ... me
distance less tha
territorial sea i
by the coastal St
point of the said
Article 1
ntinental shelf" comprises the sea-bed and subsoil of the submarine
the coast, continental or insular, but outside the area of the
the outer limit of which may be established by the coasta. State
tre isobath; in areas where the ... metre isobath is situated at a
n ... nautical miles measured from the baselines from which the
s measured, the outer limit of the continental shelf may be established
ate by a line every point of which is at a distance from the nearest
baselines not exceeding ... nautical miles.
Aiticle 2
The provisions applicable for the determination of the continental shelf of a
State are as a general rule applicable to its islands.
Article 3
In areas where there is no continental shelf, the coastal State may have the same
rights in respect of the sea-bed as in respect of the continental shelf, within the
limits provided f)r in article 1.
Article 4
1. The coastal .tate exercises over the continental shelf sovereign rights for the
purpose of explorng it and exploiting its natural resources.
2. The rights rcferred to in paragraph 1 of this article are exclusive in the sense
that if the coastal State does not explore the continental shelf or exploit its natural
resources, no one may undertake these activities, or make a claim to the continental
shelf, without thc express consent of the coastal State.
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3. The rights of the coastal State over the continental shelf do not depend on
occupation, effec.6ive or notional, or on any declaration or proclamation.
Article 5
No State shall by reason of this Convention claim or exercise rights over the
continental shelf of another State over which this State had under existing conventional
law immediately before the coming into force of this Convention sovereign rights for the
purpose of exploring it or exploiting its natural resources.
5.3 uestion of the delimitation between States various as ects involved
Article 6
1. Where the coasts of two or more States are adjacent or opposite to each other, the
delimitation of the continental shelf boundaries shall be determined by agreement among
themselves.
2. Failing such agreement, no State is entitled to extend its sovereignty over the
continental shelf beyond the median line every point of which is equidistant from the
nearest points of the baselines, continental or insular, from which the breadth of the
continental shelf of each of the two States is measured.
5.4 Natural resources of the continental shelf
Article 7
The natural resources include the mineral and other non-living resources of the
sea-bed and subsoil together with living vegetable organisms and animals belonging to
sedentary species.
Article 8
A coastal State may enact all necessary laws and regulations for the effective
Management of its continental shelf.
5.5 Migiwe for water superjacent to the continental shelf
Article 9
The rights of the coastal State over the continental shelf do not affEct the legal
regime of the superjacent waters or air space.
Article 10
The normal navigation and overflight on and in the air space above the superjacent
waters of the continental shelf by ships and aircraft of all States shall not be
prejudiced. /...
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5.6 Scientific research
Article 11
It is for the coastal State to authorize scientific research activities on the
continental shelf; it is entitled to participate in them and to be informed of the
results thereof. In such regulations as the coastal State may issue on the matter,
the desirability of promoting and facilitating such activities shall be taken
especially into account.
;;Ititalvt
UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
RESTRICTED
A/CONF.62/C.2/L.42
6 August 1974
ENGLISH
ORIGINAL: SPANISH
Second Committee
MEXICO: DRAFT ARTICLE ON ITEM 5: CONTINENTAL SHELF
Article ....
No State shall construct or erect military installations or appliances on the
continental shelf of another State vithout its consent.
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U4171:0 NMI NS
ri.q6 TEM CONFERENCE
OM TUE LAW OF TME SEA
A/CONF.62/C.2/L.40
5 August 1974
ENGLISH
ORIGINAL: FRENCH
?MMINI10111111170.1100,0116WIMMIlleNstalinialuillillftedli1111411MINOINIMMINVIIIIIMMOMMEMINEINAVONS011114111110111110eMORM 1101111101,111.11.11.19000111111111141
SECOND COMMITTEE,
Belgium, Denmark, Federal Republic of Germany,
France, Ireland, Italy, Luxembourg, Netherlands
DRAFT ARTICLES ON FISHERIES
This proposal for a new fisheries r6gime is intended merely as a basis for
discussion. It is not complete and does not necessarily reflect the final views
of the delegations submitting it.
These draft articles would be incorporated into an over-all treaty on the
law of the sea.
Article 1
1. Subject to the articles set forth below, all States shall have the right to
allow their nationals to engage in the exploitation of the fishery resources of
the sea.
2. Such exploitation shall be reguited for the benefit of nationals of all
States in such a way as to ensure the rational exploitation and conservation of
the fishery resources of the sea in the 5nterest of mankind as a whole.
3. For these purposes:
(a) In the zone referred to in article 5, coastal States shall enjoy the
fishing rights defined in these L2tic1es;
(b) All States shall maintain closeco-operation at both the world and
the regional levels in accordance with the following articles.
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PART I: PRINCIPLES OF RATIONAL EXPLOITATION AND CONSERVATION
Article 2
1. Measures necessary for maintaining, re-establishing or attaining the maximum
yield from fishing shall be adopted by States and organizations. These measures
shall be based on scientific data and take into account technical and economic
considerations. They shall be adopted, subject to these articles, in the light
of the regional situation and without discrimination as to form or substance.
2. The measures referred to in paragraph 1 shall be formulated having regard
to the need to secure a supply of food for human consumption.
Article 3
The measures referred to in article 2 may include:
(a) fixing the total allowable catch and its possible allocation;
(b) regulation of fishing activity;
(c) the establishment of closed seasonv
(d) a temporary ban on fishing in certain areas of the sea;
(e) any technical measures (relating, for example, to fishing gear, mesh
sizes, fishing methods, minimum sizes of fish caught, etc.).
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PART II: RIGHTS AND OBLIGATIONS OF COASTAL STATES
Article 4
In a zone beyond its territorial sea,* hereinafter called "the zone" the coastal
State may exercise the rights and powers set forth in these articles.
Article 5
1. The zone shall not extend beyond (x) nautical miles measured from the baseline
of the territorial sea.
2. The extent of the zone shall be determined by the coastal State, within the limit
referred to in paragraph 1, taking into account all relevant factors, in particular
the geographical characteristics of the area and the fishery resources and their
distribution off its coasts.
Article 6**
Where the coasts of two States are opposite or adjacent to each other, the
delimitation of their respective zones within the limit specified in article 5 shall,
failing agreement between them, be established in accordance with the provisions
of article ...
Article 7
1. When in the interests of conserving any species it is necessary for the coastal
State to fix a total allowable catch within its zone, it shall determine the total
allowable catch so as to ensure the maintenance of the maximum sustainable yield.
2. The coastal State shall submit the figures determined pursuant to paragraph 1 to
the appropriate regional or sectoral organizations. Those organizations may, on the
basis of all relevant scientific data, recommend other figures.
3. Two or more coastal States may by mutual agreement decide to request a regional
or sectoral fishing organization of their choice to determine the figures provided for
in paragraph 1 for all stocks exploited jointly.
* The breadth of the territorial sea (maximum 12 miles) will be dealt with
elsewhere, in the provisions relating to the territorial sea.
** As this article concerns a problem that is not peculiar to fisheries, it
should contain a reference to a more general provision in the Convention.
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Article 8
1. Within the framework of the above-mentioned aims of rational exploitation and
conservation of fishery resources and taking account of the maximum allowable catch
determined by the coastal State pursuant to article 7, as well as any recommendations
made by appropriate organizations also pursuant to that article, the coastal State
may reserve in its zone that part of the allowable catches of one or more species
which vessels flying its flag are able to take.
2. When exercising its right under paragraph 1, the coastal State shall duly take
into account the right of access of other States and particularly of:
(a) States which have habitually fished in the zone;
(b) Developing States of the same region, provided such States have not invoked
paragraph 1 above to reserve for vessels flying their flag all the fish they can catch
in their own zone;
(c) States whose
where such States have
article;
(d) States of the
especially dependent on
economies are to a very large extent dependent on fishing,
not satisfied their needs by invoking the provisions of this
same region with limited fishery resources whose economy is
fishing:
(e) Land-locked States.
3. In implementing this article, allowance shall be made for cases where the
State adopting the measures referred to in paragraph 1 is a developing country
country whose economy is to a very large extent dependent on fishing.
A coastal State may claim the same right with respect to those parts of its
territory in which the population is especially dependent on fishing for its livelihood
and lacks alternative opportunities for permanent employment.
coastal
or a
Article 9
1. A coastal State wishing to avail itself of article 8 shall, in accordance with
article 13, notify the competent organization of the proposals concerning the rights
to one or more species in its zone which it wishes to have reserved to vessels flying
its flag and those to be granted to other States.
2. The organization shall immediately hold consultations on these proposals.
3. Failing agreement within four months of notification, the coastal State may
determine, at a level equal to or lower than the proposed level, the rights it will
reserve to vessels flying its flag.
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4. Any State which considers that such decision taken by the coastal State is in
violation of the rights accruing to it under article 8 may, within two months, have
recourse to the procedure for settlement of disputes provided for in article 20.
5.Pen4ing the decision of the Special Committee, the decision taken by the coastal
State shall remain provisionally valid. However, the state which.haSreferred the
matter to the Special Committee, pursuant to paragraph 4 above, may in addition
request the latter to prescribe certain provisional measures. The Committee shall
rule thereon within six weeks.
6. Every year, the decisions taken by the coastal State and the Special Committee
and the agreement of the States concerned, as provided for in the preceding paragraphs,
may be reviewed by the organization at the request of any of the interested parties.
The provisions of paragraphs 2 to 5 shall apply to such review.
Article 10
In accordance with the principles of rational exploitation and conservation, the
regulatory measures referred to in articles 2 and 3 shall be taken by the coastal State
in its zone.
Article 11
Vessels fishing in a zone subject to regulation under the conditions provided
for in article 10 shall respect the relevant regulations adopted by the coastal State.
The States whose flags are flown by such vessels shall take the necessary steps
to ensure that these regulations are respected.
Article 12
1. The coastal State may stop, board Ind inspect fishing vessels within its zone,
if it has valid reason to suspect that they have committed a breach of the fishery
regulations as provided for in these articles.
2. The coastal State may also prosecute and punish offences committed by such vessels
unless the flag State has established a procedure permitting the prosecution and
punishment of breaches of the fishery regulations of the coastal State adopted in
conformity with these articles.
In that case, the coastal State shall send a report attesting the breach of
regulations to the flag State and shall furnish the flag State with any particulars
constituting evidence that such breach has been committed. Within a period of six
months from the receipt of the report attesting that breach, the flag State shall
make known to the coastal State whether or not it has brought the matter before its
judicial authorities so that proceedings may be instituted.
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Should the flag State not bring the matter before its judicial authorities, or
should it fail to reply, the coastal State shall have the right to refer the matter
to its own courts.
If the flag State has decided to bring the matter before its judicial authorities,
it shall inform the coastal State of the outcome of the proceedings.
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PART III: REGIONAL OR SECTORAL FISHLRY ORGANIZATIONS
,Arti
713
1. Fishery organizations, hereinafter called "organizations" shall exercise the
functions laid down in these articles. These organizations shall be responsible
either for a region or for a given species.
es whose vessels fish or are concerned with and equipped for fishing within
a region shall establish a regional organization if one does not already exist. Coastal
States of the region, as well as any State Whose vessels fish or are concerned with and
equipped for fishing in this region, shall be members of this organization.
States whose vessels fish, or are concerned with and equipped for fishing for
certain species such as tuna and whales shall establish a sectoral organization. This
organization shall be established on a regional or world-wide basis if a competent
sector regional organization does not already exist. Coastal States in whose
zone this activity is exercised, as well as any State whose vessels fish or are
concerned with and equipped for fishing for the species in question, shall be members
of this organization.
2. .The constitutions or rules of procedure of these organizations shall ensure their
most effective operation. In particular, they shall provide that the measures
referred tO in article 14 are as a general rule adopted by a majority greater than
a simple majority, but not necessarily unanimously, and that they are binding upon the
States members of the organization.
3. Where an appropriate regional or sectoral organization has not yet been
established, the coastal State concerned shall consult with other interested States
if it is unable to take the action provided for under articles 7 and 9 with respect
to such an organization. The decisions taken by the coastal State after such
consultations shall be reviewed each year pending the establishment of the organization.
Article 14
1. 1e organization shall determine the procedures for applying the principles of
ration exploitation and conservation as well as the basic principles of the measures
to be adopted for this purpose.
2. Within the limits of their competence, they shall exercise the power to adopt the
regulatory measures referred to in articles 2 and 3 in any part of a region beyond the
zone in which a coastal State exerdises such powers in accordance with article 10.
3. The organizations shall co-ordinate the scientific research programmes of member
staeAlp order to ensure the supply of appropriate scientific information.
Article 15
Vessels fishing in the area of competence of an organization are bound to comply
with the measures adopted by such organizations.
Flag States parties to this Convention shall take the necessary steps to ensure
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The organization shall supervise the execution of its decisions.
Supervision shall be based, inter alia, on the examination of statistics which
States members of the organization are required to compile and make available, and
of all other data obtained from them.
Article 17
1. %thin the framework of an organization, its member States may decide, at the
request of a coastal State, to establish in the zone of that State international
fishery monitoring machinery for the purpose of reporting breaches of the regulations
adopted by that State in accordance with article 10. low
To this end, member States may appoint officers authorized to investigate breaches
of the regulations of that State.
2. The provisions of article 12, paragraph 2, shall be applicable to breaches so
established. The organization shall inform the coastal State and the flag State of
the findings of any inquiries it has made. The organization shall be kept informed
of the outcome of legal proceedings.
Article 18
In all parts of a region situated outside the zones in which the regulatory powers
referred to in article 10 are exercised, the powers of control and prosecution shall
be exercised by the flag State unless the members of the organization agree upon an
international fishery monitoring regime similar to that referred to in article 17.
PART IV: INTERNATIONAL FISHERIES AUTHORITY
Article 19
The activities of the organizations may be supplemented, as necessary, by those
of an international fisheries authority, either existing or to be set up,* the
function of which could be:
(a) to promote the establishment of new organizations and, where a competent
organization does not exist, to exercise the powers which would normally devolve
upon such organizations;
V
(b) to encourage all types of technical assistance in respect of fisheries.
* The authority referred to in this article might be FAO.
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PART V: SETTLEMTJNT OF DISPUT2S
Article 20
a. Any dispute which may arise in the cases referrck' to in these articles shall, at
the request of any of the parties, be submitted for settlement to a special committee
sf five members, unless the parties to the dispute agree to seek a solution by other
peaceful means, In accordance with Article 33 of the Charter of the United Nations.
e. The members of ths special committee, one of whom ehall act as chairman, shall be
appointed by mutual agreement between the parties to the dispute within three months of
the request for settlement in accordance with the provisions of this article. Failing
agreement they shall, unon the request of any party to the dispute, be appointed by the
Secretary-General of the United 7ations, within a further three-month period, in
coaaeltation with the parties to tae dielate and with the appropriate United Nations
auther7ties, from amor- alay qualified parsons not parties to the dispute and
specialaaina in the leasl, admanieteatiev, or scientific aspects of fisheries, depending
eeen sale nasure of the C.:asee to be set'ieara Vacancics shall be filled in the same
menzer as the irisial eppoan'aents were made.
..lasery State tarty to tseeeselfsgs unaer these articles shall have the right to
eeiaaate one peeassa of itf2. shaal have the right to participate fully in the
esecccainga of tte epeoial f:'_):012. on the same footing as its members but without the
w vote or te eahe pert in the drafting of the committeeladeeision. ?
a. The special eermit-ee chaal so organize its own procedures as to ensure that each
)les the cppartuafsai to be :d and to present its case. It shall also decide how
he costs and exeeeeee are to be epportianed-between the parties to the dispute, failing
eareemeat by the partaca on tai: natter
Th-; Laee:Zal commtttee saaal eaao its deeisiea within five months of the date of
appeataat af uniese it decides that it is necessary to extend the
t!.ae-it foe a fu hr eeriod which shall not exceed three months.
. s, the speeial cemmittee shall comply with these articles
ani va'.a the rules of geseral ialterntional laa and any special agreements reached
aetweee .'e eaet ee ts essaute a T. c view to sttlirg the dispute.
(? The decisions of the special committee shall be adopted by a majority vote.
Article 21
The decisions of the special committee shall be binding on the parties concerned.
The greatest possible consideration shall be paid to any recommendations
s2coapanying these decisions.
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Article 22
If the factual basis of the award of the special committee is altered owing to
substantial changes in the stock or stocks of fish or other living marine resources or
in methods of fishing, any of the parties concerned may request the organization to
make the necessary changes in the measures of conservation.
If a decision cannot be obtained within a reasonable time, any of the parties
concerned may again resort to the procedure specified in article 20, provided that at
least two years have elapsed since the original award.
PART VI: RELATIONS WITH OTHER TREATIES
Article 23
1. The provisions of these articles
- shall not prejudice the maintenance of any existing special fisheries
existing among States members of a customs union;
regime
- shall not preclude the establishment of a special fisheries regime among the
States fishing for a particular region for that region or among States members of a
customs union.
2. Where such a special regime exists, vessels of participating States fishing in
the zone of another participating State shall be treated on the same footing as vessels
of the latter for the purpose of article 8, paragraph 1.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
SECOND COMITTEE
Distr.
LIMITED
A/CONF.62/C.2/L.80
23 August 1974
ORIGINAL: ENGLISH
United States of America: draft article for a chapter
on the high seas
Livillg resources
1. States shall co-operate with each other in the exploitation and conservation of
l/ing resources in areas beyond the econonin zone of coastal States. States exploiting
identical resources, or different resources located in the same area, shall enter into
fisheries management agreements, and establish appropriate multilateral fisheries
cH:L7anizations, for the purpose of maintaining these resources. If such a body cannot be
,...onstituted among the concerned States, they may ask for the assistance of the Food and
2sricu1ture Orgaaization of the United Nations in establishing an appropriate regional
ur international regulatory body.
2. States, acting individually and tl-_rough regional and international fisheries
organizations, have the duty to apply the following conservation measures for such
living resources:
(A) allowable catch and other conservation measures shall be established which
are designed, on the best evidence available to maintain or restore populations of
harvested species at levels which can produce the maximum sustainable yield, taking into
account relevant environmental and 2conamic factors, and any generally agreed global
and 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 become threatened with extinction;
(C) for this purpose, scientific information, catch and fishing effort statistics,
and other relevant data shall be contributed and exchanged on a regular basis;
(D) conservation measures and their implementation shall not discriminate in
fem or fact against any fisherman. Conservation measures shall remain in force pending
the settlement, in accordance with the provisions of chapter , of any disagreement
as to their validity.
3. ApprovatcRotRONAWNWAY4Aff.12f
fIrr820/1M?ifiRdbtf91005-bitrOTTvisions
article and article , respectively, s a app y.
of
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Dist r.
LIMITED
A/CONF.62/C.2/L.57/Rev.1
22 August 1974
ORIGINAL: ENGLISH
SECOND COMMITTEE
Australia and New Zealand: draft article on highly migratory species
Highly migratory species, defined in the annex, 1/ shall be regulated in accordance
with the provisions of article in the same manner as other specieelof 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 or other waters 2/ 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 appropriate international or regional organization.
The Director-General of FAO shall respond within 90 days of any such request, rendering
his opinion, and if such opinion is positive, designating the members of the
organization. In addition the Director-General may recommend the institutional
arrangements for the organization. All designated States shall have the obligation to
time.
take all action necessary to establish the organization within the shortest possible
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 organizations
shall require an affirmative vote of two thirds of its members.
1/ A flexible procedure for the amendment of such a technical annex will be
required.
2/ In this article the term "other waters" includes archipelagic,-territorial,
and internal waters. In these areas the coastal State shall apply regulations dealing
with conservation measures.
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4. The organization in formulating regulations shall take into account the following
criteria:
A. The coastal State's right in priority to other States to harvest the regulated
species within its economic zone to the extent of its harvesting capacity subject only
to conservation measures issued by the organization in order to maintain or restore the
regulated species.
B. The rational utilization of such species within its maximum sustainable yield,
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 or other waters..
? B.? The uniform Tee 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 programmes for the
species concerned.
(3) Enforcement.
(4) Scientific 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.
E. The organization may require a member to make a minimum contribution to its
budget, taking into account fees received by the organization in 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 or other waters it shall apply those regulations
to all persons and vessels.
1
B. Outside its economic' zone it shall apply those regulations to vessels flying
its flag.
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/:''urther provisicno with enfor.!smnt outsie the economic zone will be
'!UI ed./
. A State shall have th- right to submit to
a reulation by either another State or by
.19_11 have jtrisdiction to dr.:ide ne matter
-rom whatever source respecting the regulated
fees, which it may find to he contrary to the
the Disputes Tribunal any dispute relating
the organization. The Disputes Tribunal
and to modify or set aside any regulation
species, including a regulation respecting
provisions or principles of this article
). A. In disputes involving scientific and technical matters the Disputes Tribunal
:ha21 request the opinion of experts from FAO and from any other appropriate source.
The Disputes T14_buna1 than have due regard to the desirability of avoiding a
iltip:deity of rgg2meu cr regulations within a single region of migration of a
higlOy migratory species and to the interests both of coastal States and of
water fishing States .!n. the species.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.37
5 August 1974
ORIGINAL: ENGLISH
SECOND COMMITTEE
Denmark: draft article on anadromous species
The exploitation of anadromous species shall be regulated by agreement among
interested States or by international arrangements through the appropriate
intergovernmental fisheries organization.
All interested States shall have an equal right to participate in such arrangements
and organizations. Any arrangement shall take into account the interest of the State
of origin and the interests of other coastal States.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CO2F.62/C.2/L.41
5 August 1974
ORIGINAL: ENGLISH
SECOND C01.04II?rn.
Ireland draft article on romous szecies
(under items 6.6; 6.6.3 7; 8.4)
The right of exploitation of stocks of anadromous species shall be exercised
only:
(i) within waters under the Jurisdiction of the State of origin,
(ii) within waters under the jurisdiction of other coastal States, subject to
such conditions and regulations as shall be agreed between Such coastal
State and the State of origin, taking into account the special role of the
State of origin in the conservation of the species.
Ellpla.natory Note
Anadromous fish such as salmon, are completely dependent on fresh water rivers
for their existence. Only in rivers that are unpolluted and in which suitable
stretches of gravel and water flow con .tions exist can the spawning and hatching-out
take place. The tiny fish after hatching-out may spend up to as many as four years in
the river systems before migrating to the sea. These fish when fully grown in the sea
have an irresistible urge to return to the rivers in which they themselves were spawned
and wherein the cycle is repeated. If, then, the stock is to survive, positive steps
must be taken to ensure that works carried out on the rivers, f r 1,risltion, power
development or other purposes, do not impede the migration of the parent fish upstream
or that of the young fish downstream, ant that the river water remains unpolluted.
This, in the majority of cases, entails stringent restrictions on other uses of the
waters and the expenditure of large sums of money by the State and by industry, as well
as a sacrifice in refraining from using the available water supply otherwise. If the
sustainable yield of the stocks of salmon is to be maintained at the optimum level,
captures on the high seas and within the coastal waters of States other than the State
of origin should at the least be severely restricted, otherwise a State of origin
cannot be expected to spend money and make sacrifices to ensure the survival of the
species. Recognition of an economic zone wherein coastal States would have extensive
jurisdiction over the living resources within the zone, including anadromous fish
moving through the zone, intensifies the problem for the States of origin of anadromous
species. Accordingly it is submitted that if a convention extends the fisheries
Jurisdiction of the coastal State, it should at the same time oblige such coastal States
to enter into arrangements with the State of origin of anadromous fish which will ensure
their conservation and accord due recognition of the expense and sacrifices which must
be made by the State of origin to this end.
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ki titre' ?
AzztotraAL--.4
UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
SECOND COMMITTEE
Japan: draft article on anadromous species
Distr.
LIMITED
A/CONF.62/C.2/L.46
8 August 1974
ORIGINAL: ENGLISH
1. The conservation and management of anadromous species shall be regulated through
arrangements among the States participating in the exploitation of such species and,
where appropriate, through regional intergovernmental organizations established for
this purpose.
2. The special interest of the coastal State, in whose fresh or estuarine waters
anadromous species spawn, shall be taken into account in the arrangements for regulating
such species.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.81
23 August 1974
ORIGINAL: ENGLISH
SECOND COMMITTEE
WORKING PAPER SUBMITTED BY THE DELEGATION OF CANADA
The special case of salmon - the most important anadromous speciJs
This paper summarizes the unique position of the various species of salmon in the
world of fisheries management. It is submitted to provide the basis in fact and in
equity for the development of an appropriate regime for the best use of this valuable
resource.
Salmon are unique in returning from the sea to the same fresh waters where they
ware born, to spawn and leave their fertilized eggs to develop in the same gravel beds.
Following hatching, some salmon migrate directly to the sea as small fry; other ::cies
to several years in fresh water lakes or streams.
_Ile salmon grow and mature in the open-sea, they occupy the upper layers of cold
northern waters where they are not serious competitors for the food supply of other
valuable species. In the open sea they are found mainly in areas within the proposed
200-mile economic zones, but also, to a considerable degree, in areas beyond national
jurisdiction.
Salmon are the only fish occurring in the open sea which man can and does increase
by positive c..litural measures.- Such measures can be taken only by the State of origin.
Mixed in distant waters, salmon runs separate to return unerringly to their home
streams. In distant waters salmon runs which need special protection are mixed with
runs which are abundant; only as they approach their hone streams (the very streams
where they were bred) can the salmon runs be cropped separately and in accordance with
the catches each run can support.
Salmon reach their greatest weight as they approach their home streams. During
their migrations from the open sea to the spawning grounds, salmon grow faster than
they die off. The greatest yield can be obtained by fishing the runs close to their
home streams.
Strict regulations are needed to let the right number of slawners through the
fishy to the s_pawning streams. This must be done by assessments of the runs es they
apper, and prompt and often drastic restriction of fishing to let the optimum spav.ning
run through. This requires costly supervision and enforcement, as well as co-operation
of the fishermen: Only the State of originof the salmon can carry out this essential
fun :tion.
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Salmon must have unobstructed access to their spawning grounds, which may be as
much as 1,500 miles inland from the sea. This involves heavy direct expenses in removal
of natural obstructions (e.g. landslides) and construction of fish passes. There is
also much indirect cost to the State of origin in foregoing hydro-electric development,
irrigation projects, flood control and other benefits, all of which would involve dams
obstructing the passage of salmon. For example, power dams of great potential value have
been kept off the Fraser River in British Columbia in order to maintain the productivity
of one of the world's great salmon rivers. The State of origin must also protect salmon
waters from pollution.
Artificial means of increasing salmon production are becoming ever more effective.
Large scale projects to increase salmon production include provision of artificial
channels where natural spawning grounds are inadequate, hatcheries to increase the
numbers and proportions of fry produced from salmon eggs, and-associated facilities for
rearing small salmon safe from the enemies and fluctuations ip water levels which
threaten them in nature. These salmon culture techniques have, in recent years, passed
the experimental stage to that of demonstrated effectiveness. Tn North America alone,
hundreds of millions of dollars will be spent in such efforts.
Both the management of the fishery and the development of artificial means of
?roducin more salmon have re uired and continue to re uire intensive scientific
research. The States of origin of salmon have already spent hundreds of millions of
dollars in research on salmon.
Only the State of origin can yrotect and culture salmon and effectively manage the
fishery. All the steps noted above can be carried out only by the State in whose
rivers the sP3mon breed - the State of origin. No other State can see that the right
number of salmon get through the fishery to spawn. No other State can keep salmon
rivers and lakes unobstructed and unpolluted. No other State can take positive measures
to increase splmon production by artificial means such as man-made spawing channels,
hatcheries and rearing facilities. Without these effective and costly actions by the
State of origin, there would-be no commercial salmon runs.
A regime must be found which assures for the State of origin the fruits of its
efforts and so encoura es it to continue to bear the costs. This requires curtailment
of the fishing of salmon on the open sea outside national jurisdictions and co-operation
with the State of origin by other States through whose zones the salmon may migrate.
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THIRD CONFERENCE
I
ON THE LAW OF THE SEA
1111111?111.1?.111??????????
Distr.
LIMITED
A/CONF.62/C.2/L.49
9 August 1974
ORIGINAL: ENGLISH
SECOND COMNITTEE
Fiji, Indonesia. Mauritius and Philippines: draft
articles relating to archipelagic States
These draft articles are largely based on proposals contained in documents
AfAC.138/SC.II/L.15 1/ and A/AC.138/SC.II/L.48 2/ submitted to the Committee on the
Peaceful Uses of the Sea-Bed and the Ocean Floor beyond the Limits of National
Jurisdiction,
1/ Official Records of the General Assembi, Tventy-eiehth Session,
Supplement No. 21 CA/9021, vol. V, item 16, p. 1
V Ibid., (A/9021, vol. III; pp. 102-105).
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Article 1
1. These articles apply only to arPhipelagic States.
2. An. archipelagic State is a State constituted wholly by one or more archipelagos
and may include other islands.
3. For the purpose of these articles an archipelago is a group of islands, including
parts of islands, interconnecting waters and other natural features which are so closely
interrelated that such islands, waters and other natural features form an intrinsic
geographical, economic and political entity, or which historically have been regarded
as such.
Article 2
1. An archipelagic State may employ the method of straight baselines joining the
outermost points of the outermost islands and drying reefs of the archipelago in drawing
the baselines from which the extent of the territorial sea, economic zone and other
special jurisdictions are to be measured.
7
2. The drawing of such baselines shall not depart 1 any appreciable extent from the
general configuration of the archipelago.
1.
3. Baselines shall not be drawn to and from low-tide elevations unless lighthouses (5
similar installations which are permanently above sea level have been built on them or
where a low-tide elevation is situated wholly or partly at a distance not exceeding the
breadth of the territorial sea from the nearest island.
4. The system of straight baselines shall not be applied by an archipelagic State in
such a manner as to cut off tne territorial sea of another State as determined under
article of chapter of this Convention.
5. If the drawing of such baselines encloses a part of the sea which has traditionally
been used by an immediately adjacent neighbouring State for direct communication,
including the laying of submarine cables and pipelines, between one part of its national
territory and another part of such territory, the continued right of such communication
shall be recognized and guaranteed by the archipelagic State.
6. An archipelagic State shall clearly indicate its straight baselines on charts to
which due publicity shall be given.
Article 3
1. The waters enclosed by the baselines, which waters are referred to in these article:
as archipelagic waters, regardless of their depth or distance from the coast, belong to,
and are subject to the sovereignty of, the archipelagic State to which they appertain.
2. The sovereignty and rights of an archinq?lagickAa -1:46
ar chAoppratedaEgirs1W eclat ZoildoiliglifiMA-crM?zeritriP
- -a ?
and to all of the resources contained therein.
0000AA.Apace over it:
Meseil thereof
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Article h
Subject to the provisions of article 5, ships of all States &hether coastal or not/
shall enjoy the right of innocent passage through archipelagic waters.
Article 5
1. An archipelagic State may designate sealanes suitable for the safe and expeditious
passage of foreign ships through its archipelagic waters, and may restrict the passage
of such ships, or any types or classes of such ships, through those waters to any such
sealanes.
2. An archipelagic 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.
3. An archipelagic State which designates sealanes under the provisions of this article
1,ay-a1so prescribe traffic separation schemes for the passage of such ships through those
sealanes.
4.: In the designation of sealanes and the prescription of traffic separation schemes
under the provisions of this article an archipelagic State shall, inter alia, take
into account:
(a) the recommendations or technical advice 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.
5. An archipelagic State shall clearly demarcate all sealanes designated by it under
the provisions of this article and indicate them on charts to which due publicity
shall be given.
6. An archipelagic State may make Jaws and regulations, not inconsistent with the
provisions of these articles and having regard to other applicable rules of international
law, relating to passage through its archipelagic waters, or the sealanes designated
under the provisions of this article, which laws and regulations may be in respect of
all or any of the following:
(a) the safety of navigation and the regulation of marine traffic;
(b) the installation, utilization and protection of navigational aids and
facilities;
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(c) the installation, utilization and protection of facilities or installations
for the exploration and exploitation of the marine resources, including the resources
of the sea-bed and subsoil, of the archipelagic waters;
(d) the protection of submarine or aerial cables and pipelines;
(e) the conservation of the living resources of the sea;
(f) the preservation of the environment of the archipelagic State, and the
prevention of pollution thereto;
(g) research in the marine environment, and hydrographic surveys;
(h) the prevention of infringement of the fisheries regulations of the archipelagic
State, including inter-alia those relating to the' stowage of'gear;
(i) the prevention of infringement of the customs, fiscal, immigration, quarantine,
sanitary and phytosanitary regulations of the archipelagic State and
(J) the preservation of the peace, good order and security of the archipelagic
7, Th?.. archipelagic State shall give due publicity to all laws and regulations made
by it under the provisions of this article.
Sr Foreign ships exercising the right of innocent passage through the archipelagic
wL;,ters or the sealanes designated under the provisions of this ,article shall comply with
all laws and regulations made by the archipelagic State under the provisions of this
article.
9. If any foreign warship does not comply with the laws and regulations of the
archipelagic State concerning its passage through the archipelagic .waters or the sealanes
designated under the provisions of th.s article and disregards any request.for compliance
which is made to it, the archipelagic State may suspend the passage of such warship and
require it to leave the archipelagic waters by such safe and expeditious route as may be
designated by the Archipelagic State.
10. Subject to the provisions of paragraph 9 of this article, an archipelagic State may
?. ?- ?
rot suspend, the innocent passage of foreign ships through sealanes designated by it under
the provisions of this article, except when essential for the protection of its security,
after giving due publicity thereto and substituting other sealanes for those through
which innocent passage has been suspended.
/The foregoing provisions relating to archipelagic States are without prejudice'to
the regime concerning coastlines deeply_ indented and cut into and to the waters enclosed
by a fringe of islands along the coast../
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.52
12 August 1974
ENGLISH
ORIGINAL: RUSSIAN
SECOND COW% ME
People's Republic of Bulgaria, German Democratic Republic and Polish
People's Republic: amendments to draft articles on archipelagic
States contained in document A/CONF.62/C.2/L.49
On pages 2, 3, 4 and 5 change the texts of articles 1 and 4 and of article
paragraphs 8, 9 and 10 as follows:
Article 1
I. These articles apply only to archipelagic States.
2. An archipelagic State is a State consisting wholly of one or several archipelagos
forming a geographical, historical, political and economic entity.
3. All waters within the archipe1a7,ic State shall be under its sovereignty and shall
be desig..ated as archipelagic waters.
4. The sovereignty of the archipelagic State shall also extend to the airspace over
the archipelagic waters and to the surface and subsoil of the sea-bed of such waters.
All resources of the archipelagic waters shall be under the sovereignty of the
archipelagic State.
5. The archipelagic State shall exercise that sovereignty in accordance with the
provisions of the present articles and other rules of international law.
Article 4
All ships shall enjoy equal freedom of ppssags in Erchipelagic straits, the
approaches thereto, and those areas in the archipelagic waters of the archipelagic
State along which normally lie the shortest sea lanes used for international navigation
between one part and another part of the high seas.
Article 5
8. Foreign ships exercising the right of free passage through the archipelagic waters
or the sea lanes designated under the provisions of this article shall comply with the
relevant laws and regulations made by the archipelagic State under the provisions of
this article.
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9. Al]. ships passing through the straits and waters of archipelagic States shall not
in any way endanger the security of such States, their territorial integrity or
political independence. Warships passing through such straits and waters may not engage
in any exercises or gunfire, use any form of weapon, launch or take on aircraft, carry
out hydrographic surveys or engage in any similar activity unrelated to their passage.
All ships shall inform the archipelagic State of any damage, unforeseen stoppage, or of
any action rendered necessary by force majeure.
10. An archipelagic State may not interrupt or suspend the transit of ships through its
straits or archipelagic waters, or take any action which may impede their passage.
UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
SECOND COMMTIPEE
Ecuador proposal on Item 16 archipe1ago
Distr,
LIMITED
A/CONF.6210,2/L.51
12 August 1974
ENGLISH
ORIGINAL: SPANISH,
Article .... The method applied to archipelagic States for the drawing
of baselines shall also apply to archipelagos that form part of a State, without
entailing any change in the natural regime of the waters of such archipelagos or of
their territorial sea.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
A/CO4F.62/C.2/L.63
15 August 1974
ORIGINAL: ENGLISH
A9111199191119911ft.
SECOND CON1IT.TL1E
Thailand: draft articles on item 16
Archipelagoes
Article ...
In any situation where the archipelagic vaters, or territorial waters measured
therefrom, of an archipelaggie State include areas which previously had been considered
as high seas, that archipelagic State, in the exercise of its sovereignty over such
areas, shall give special consideration to the interests and needs of its neighbouring
States with regard to the exploitation of living resources in these areas, and, to this
effect, shall enter into an agreement with any neighbouring State, at the request of the
latter, either by regional or bilateral arrangements, with a view to prescribing
modalities entitling the nationals of such neighbouring State to engage and take part
on an equal footing with its nationals and, where geographical circumstances so permit,
on the basis of reciprocity, in the exploitation of living resources therein.
Article .
In addition to the right of passage through the sealanes designated for international
navigation, an archipelagic State shall recognize, for the sole benefit of such of
its neighbouring States as are enclosed or partly enclosed by its archipelagic waters,
a right of innocent passage through these waters for the purpose of gaining access to
and from any part of the high seas by the shortest and most convenient routes.
To this effect, an archipelagic State shall enter into arrangements with any such
neighbouring States at the request of the latter.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.70
20 August 1974
ORIGINAL: ENGLISH
SECOND COMMITTEE
Bahamas: draft articles on archipelagic States
Item 16
Article 1
1. An archipelagic State is a State constituted wholly or mainly of one or more
archipelagos.
2. For the purpose of these articles, an archipelago is a group of islands, including
parts of islands, and other natural features which are so closely interrelated that the
component islands and other natural features form an intrinsic geographical, economic
and political entity or which historically have been regarded as such.
Article 2
1. In drawing the baselines from which the extent of the territorial sea, economic
zone and other special jurisdictions are to be measured, an archipelagic State may
employ the method of straight baselines joining the outermost points of the outermost
islands and drying reefs or low-tide elevations of the archipelago or may employ as a
baseline any non-navigable continuous reefs or shoals lying between such points.
2. If the drawing of such baselines encloses a part of the sea traditionally used
by an immediate and adjacent neighbolring State for direct communication from one part
of its territory to another part, such communication shall continue to be respected.
Article 3
1. The waters enclosed by the baselines, hereinafter referred to as archipelagic
waters, regardless of their depth or distance from the coast, belong to and are subject
to the sovereignty of the archipelagic State to which they appertain.
2. The sovereignty and rights of the archipelagic State extend to the air space over
its archipelagic waters, as well as to the water column, the sea-bed and subsoil
thereof, and to all the resources contained therein.
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UNITED NATIONS
THIRD COMMENCE
ON THE LAW OF THE SEA
3ECONTI CO/oKIVIZE
Distr.
UNITED
A/CONF. 0/C. 2/L. 56
13 August 1974
ORIGINAL: ENGLISH
Turkey: draft article on it 17. Enclosed and
semi-enclosed sees
Article ...
The general rules set out in chapters ... (Chapters relating to territorial ses and
economde sone) of this Convention shall be applied, in enclosed and semi-enclosed seas,
in a manner consistent with equity.
States bordering enclosed and semi-enclosed seas may hold consultations among
t'hemselves with a view to determining the manner and method of application, appropriate
for their region, for the purposes of this article.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.30
30 July 1974
ORIGINAL: ENGLISH
SECOND COMMITTEE
Fiji, New Zealand, Tonga and Western Samoa: draft articles on islands
and on territories under foreign domination or control
A. ISLANDS
1. An island is a naturally-formed area of land, surrounded by water, which is above
water at high tide.
2. Subject to paragraph 5 of this article, the territorial sea of an island is
measured in accordance with the-prOvisions of this ConVention applicable to other land
territory.
3. The economic zone of anisland and its continental shelf are determined in
accordance with the provisions of this Convention applicable to other land territory.
4. The foregoing provisions have application to all islands, including those comprised
in an island State.
5. In the case of atolls or of islands having fringing reefs, the baseline for
measuring the breadth of the territorial sea shall be the seaward edge of the reef, as
shown on official charts.
1-These provisions are intended to be without prejudice to the question of the?
delimitation of island ocean space as between adjacent or opposite States, or in other
special circumstances. Nor do they Purport to deal with the regime of islands
applicable to an archipelagic State or to the off-lying archipelago of a coastal State,
or the 'case of a fringe of islands along a coast in its immediate vicinity referred to
in article 4 (1) of the 1958 Geneva Convention on the Territorial Sea and Contiguous
Zone .7
B. TERRITORIES UNDER FOREIGN DOMINATION OR CONTROL,
In respect of a territory whose people have attained neither- full independence nfrr
some other self-governing status following an act of self-determination under the auspices
of the United Nations, the rights to the resources of the economic zone created in respect
of that territory and to the resources of its continental shelf are vested in the
inhabitants of that territory to be exercised by them for their benefit and in acccrdance
with their needs and requirements. Such rights may not be assumed, exercised or profited
from or in any way infringed by a metropolitan or foreign power administering or occupying
that territory.
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UNITED NATIONSLw
Distr.
A/0051.62/C.2040---
9 Awe*. ISO
OlUOINAP EOM
/16
Article 1
1. An island is neturelly formed area of land, surrounded by witerb which is
slOpve-watim at high tide.
2. AA island for an integrel pert of the territory of the OtAtef 10 1410 it
belongs.
3. The-foregoing provisions have lippliostioo to al jamas, inesuiqraitirbooe
comprised in an island State.
Article 2
1. The sovereignty and Jurisdiction of a State extends to the merit
its /goads determined and delimited in sceardance.vith the-
0,,won'Uon applicable to its land territozn
;. The aovereigoty over the. Leland. extends to its territorjel 2044
any the island and its territorial sea, to its sesrbed and the sub
to the ountinentil shelf for the purpose of exploring it and exploi
resources.
sense of
of this-
the airsepece
thereof :end
its"natuial
3. The island has a contiTuous tone and an economic sone on the some basis am the
continental .4mrritory, in accordance with the provisions of this Convention.
1110011.0.110.1,
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924 UNITED NATIONS
?
THIRD CONFERENCE
ON THE LAW OF NE SEA
SECOND COMMITTEE
LIMITED
A/CONF.62/C.2/L.55
13 August 1974
ORIGINAL: ENGLISH
Turkey: draft article on item 19. Regime of islands
Article I
(Definitions)
Article 2
Except where otherwise provided in this chapter, the marine spaces of islands are
determined in accordance with the provisions of this. Convention.
Article 3
1. No economic zone shall be established by any State which has dominion over or
controls a foreign island in waters contiguous to that island.
The inhabitants of such islands shall be entitled to create their economic zone
at any time prior to or after attaining independence or self-rule. The right to the
resources of such economic zone and to the resources of its continental shelf are vested
in the inhabitants of that island to be exercised by them for their benefit and in
accordance with their needs or requirements.
In case the inhabitants of such islands do not create an economic zone, the
Authority shall be entitled to explore and exploit such areas, bearing in mind the
interests of the inhabitants.
2. An island situated in the economic zone or on the continental shelf of other States
shall have no economic zone or continental shelf of its own if it does not contain at
least one tenth of the land area and population of the State to which it belongs.
3. Islands without economic life and situated outside the territorial sea of a State
shall have no marine space of their own.
4, Rocks and low tide elevations shall have no marine space of their own.
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Article 4
A coastal State cannot claim rights based on the concept of archipelago or
archipelagic waters over a group of islands cituated off its coasts.
Article 5
In arers of semi-enclosed seas, having special geographic characteristics, the
maritime spaces of islands shall be determined jointly by the States of that area.
Article 6
The provisions of this chapter shall be applied without prejudice to the articles
of this Convention relating to delimitation of marine spaces between countries with
adjacent and/or opposite coasts.
Article 7
For the purposes of this chapter the term "marine space" implies either the
territorial sea and/or continental shelf and/or the economic zone according to the
context in whirh the term has been used.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.58
13 August 1974
ENGLISH
SECOND COMMITTEE
Argentina, Bolivia, Brazil, ColombiaCosta Rica, Dominican Republic,
Ecuador, El Salvador, Guatemala, Honduras, Mexico, NicaraglAtj Panama,
Uruguay: draft article on islands and other territories under
colonial domination or foreign occupation
The rights recognized or established in the present Convention shall not be
invoked by the colonial or occupying Power in respect of islands and other territories
under colonial domination or foreign occupation as long as that situation persists.
227
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UNITED NATIONS
A. THIRD CONFERENCE
ON THE UM OF THE SEA
Distr.
RESTRICTED
A/CONF.62/C.2/L.62
14 August 1974
ENGLISH
ORIGINAL: FRENCH
SECOND COMMITTEE
Algeria, Dahomey, Guinea, Ivory Coast,
Liberia, Madagascar, Mauritius,
Mauritania, Morocco, Senegal, Tunisia,
L:pner Volta and Zambia; draft articles
on it?m 19. R6gime of islands
Article I
1. An island is a vast naturally formed area of land, surrounded by water, which is
above water at high tide.
2. An islet is a smaller naturally formed area of land, surrounded by water, which is
above water at high tide.
3. A rock is a naturally formed rocky elevation of ground, surrounded by water, which
is above water at high tide.
. 4. A low-tide elevation is a naturally formed area of land which is surrounded by and
abovevwater at low tide but submerged at high tide.
5. An island, islet, rock or a low-tide elevation are considered as adjacent when they
are situated in proximity of the coasts of the State to which they belon.
6. An Island, islet, rock or a low-tide elevation are considered as non-adjacent when
they are not situated in the Proximity of Mk. coasts of that State to which they belong.
Article II
1. The baselines applicable to adjacent islands, islets, rocks and low-tide elevations,
in accordance with article I, are considered as the baselines applicable to the State to
which they belong and consequently are used in the measurement of the marine spaces of
that State.
2. The marine spaces of islands considered non-adjacent, in accordance with paragraphs 1
and 6, shall be delimited on the basis of relevant factors taking into account equitable
criteria.
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3. These equitable criteria should notably relate to:
- the Size of these naturally formed areas of land;
- their geographical configuration and their geological and geomorphological
structure;
- the needs and interests of the population living thereon;
- the living conditions which prevent a' permanent settlement of population;
- whether these islands are situated on the continental shelf of another State or
in the proximity of its marine space;
- whether, due to their situation far from the coast, they may influence the
equity of the delimitation.
4. A State cannot claim jurisdiction over the marine space by virtue of the sovereignty
or control which it exercises over an islet, rock or low-tide elevation as defined
in paragraphs 2, 3, 4 and 6 of article I.
5. In accordance with paragraph 4 of this article, safety zones of reasonable breadth
may nevertheless be established around such islets, rocks or low-tide elevations.
Article III
1. In accordance with the provisions of article I, paragraph 6, and article II,
paragraphs 2 and 3, the delimitation of the marine spaces between adjacent and/or
opposite States must be done, in the case of presence of islands, by agreement
between them according to principles of equity, the median or equidistance line
not being the only method of delimitation.
2. For this purpose, special account should be taken of geological and geomorphelogical
criteria, as well as of all other special circumstances.
Article IV
1. The provisions of erticles I and II shall not apply either to insular or to
archipelagic States.
2. A coastal State cannot claim rights based on the concept of archipelago or
archipelagic waters by reason of its exercise of sovereignty or control over a group
of islands situated off its coasts.
Article V
Concerning islands under colonial domination, racist r6gime or foreign oceupation,
the rights to the maritime spaces and to the resources thereof belong to the inhabitants
of those islands and must profit only their own development.
No colonial or foreign or racist power which administers or occupies those
islands shall exercise those rights, profit from them or in any way infringe upon them.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.67
16 August 1974
ORIGINAL: ENGLISH
SECOND COMMITTEE
Indonesia: draft article on historic waters
No claim to historic waters shall include land territory or waters under the
established sovereignty, sovereign rights or jurisdiction of another State.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
I .
Distr.
LIMITED
A/CONF.62/C.2/L.29
30 July 1974
ORIGINAL: PINGLISH
Afghanistan, Bhutan, Bolivia, Botswana, Burundi, Czechoslovakia, Hungary,
Laos, Lesotho, Mali, Mongolia, Nepal, Paragurgi Swaziland, Uganda, U.EttE
Volta and Zambia: explanatory parer on dre't-Eo_.rticlesetintoland-
locked States 1/ '
In' accordance with the list of subjects and issues relating to the 7.nw of the sea
which was approved by the'Sea-Bed Committee in 1972 and which, according to its report
to the twenty-seventh session of the General Assembly, "should serve as a framework for
discussion and drafting of necessary articles" at the Third United Nations Conference on
the Law of the Sea, 2/ legal norms ensuring the rights and interests of land-locked
and other geographically disadvantaged States shall become a part of the new
codification of international law of the sea which will emerge from that Conference,
for the list included two specific items, one dealing with the problems of land-locked
countries, the other with the problems relating to the rights and int9rests of
shelf-locked States and States with narrow shelves or coastlines.
Item 9, relating td land-locked States, includes inter alia the following subitems:
"9.1 General Principles of the Law of the Sea concerning the land-locked
countries
9.2 Rights and interests of land-locked countries
9.2.1 Free access to and from the sea: freedom of transit, means and
facilities for transport and communications
9.2.2 Equality of treatment in the ports of transit,States
9.2.3 Free access to the international sea-bed area beyond national
jurisdiction
9.2.4 Participation in the international rftime, including the machinery-
and the equitable sharing in the benefits of the area"
1/ Official Records of the General Assembl Twent -ei hth Session,
Supplement No. 21 (A/9021 , vol. II.
g/ Official Records of the General Astltaly_a_amty-seventh Session,
Supplement No. 21 (A/8721), para. 23).
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Needless to say, a juat and satisfactory solution of the above-mentioned points
nnd their implementation in adequate provis'ons are of the utmost significance for all
land-locked countries, both developed States exporting industrial goods and importing
raw materials, and developing States whose econemy largely depends on the exportation
of ray materials and the importation of industrial products and complexes.
ender present international law the right of land-locked States to free access to
end frem the sea is a firmly eetablished and legally binding principle. It shall be
teaffirmed and elaborated in the new codification instrument on the law of the sea.
such a conclunion is indispensable if the land-looked States are to be given a
real opportunity to participate in the uses of the seas aril to enjoy benefits from
them on equal terms with coastal States. For this purpose the land-locked States
Y,Ist eatein aeequate legal means and guarantees ensuring them of the exercise of their
right of free accese to and from the sea, ineluding thP right of free access to the
zee-bed azea beyond national jurisdiction. This neceseity arises from their
geographically disadvantaged position, from the fact tleet they lack any sea coast
naateoever and, in Lost cases, vast distances separate them from the coast.
As a principle of internetioeal lew the right of land-locked countries to free
eceess to and from the sca was also provided for and implemented step-by-step in
aileteral and meltilateral treaties, mostly concluded in this century. Th15 development
and severel significant milesteres, particularly the Barcelona Convention and Statute
3n Freedom of Transit in 1921, the Geneva Cenventions on the Law of the Sea in 1958
and the Nev York Convention on Transit Trade of Land-Locked States in 1965.
Without underestimating the relevance of these inntruments, their positive
entributions to the struggle for recornition and deae" -ntent of the right of free
eeeese to and from the sea, as well as to peaeticel settlements of many issues
"leelved. it must he stated that 5n Eame reerects they brought only partial solutions.
Thus, for example, tae Dercelona Statute facilityted transit in general and was
}elpful to land-locked States, particularly those in Europe, by opening up to them
neceelary routes to the sea. Moreover, this meltilateral regulation inspired the
eene3esion of bilateral agreements -hich were bazed on the principles of the Barcelona
atatute.
On the other hand, this instrument did not provide for all means of transport and
emmunication, having left aside, in particular, traffic by roads and pipelines, the
importarce of which has signiffdantly grown since that time. FUrthermere, the number
of contracting parties to the Barcelona Convention and Statute, still in force, has
reined relatively limited and it has lacked adherence among non-European States.
In the years preceding the first United Nations Conference on the Law of the Sea,
the land-locked countries made vigorous efforts on different international levels to
lenw the attention of the whole international earatunity to their specific problems and
r,fcds for enEurine their rights in the aerthcourIng codification. Their efforts were
-enareably nupported by the Urited Nations General Assembly which recognized in its
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resolution 1028 (XI) of 20 February 1957 "the need of land-locked countries for
adequate transit facilities in promoting international trade" and invited all Members
of the United Nations "to give full recognition to t14 needs of land-locked Member
States in the matter of transit trade and, therefore, to accord them adequate facilities
in terms of international law and practice in this regard, bearing in mind the future
requirements resulting from the economic development of the land-locked countries".
On the eve of the first United Nations Conference on the Law of the Sea a
Preliminary Conference of Land-Locked States was held in Geneva from 10 to
14 February 1958 which adopted, as a result of its work, a document entitled "Principles
Enunciated by the Preliminary Conference of Land-Locked States". Seven principles
included in this document represented a restatement of principles and norms of
interoational law concerning the right of land-locked States to free access to the sea
and specific rights derived therefrom. Endorsed by all the then land-locked States this
document became the basic paper of the Geneva Conference in its consideration of problems
of States having no seaco,..st. 3/
In the Geneva Codification of the Law of the Sea significant progress towards the
recognition, of full equality of land-locked States in the exercise of freedoms of the
seas- was made. Article 2 of the 1958 Convention on the High Seas confitmed that the
high seas were open "to all nations" and that freedoms arising from the freedom of the
high seas were provided "both for coastal and non-coastal States". The right of
land-locked States to free access to the sea was specifically declared' in article 3
of this Convention. It stated that "in order to enjoy the freedom of the. seas on equal
terms with coastal States, States having no sea-coast should have free access to the
sea".
Nevertheless, though including a provision in favour of free transit for lanu-
lecked States through the territory of States situated between the sea and a State
having no seacoast, as well as equal treatment for -ships flying the flags of. land-locked
States as regards access to seaports and the use of such ports, article 3 of the Geneva
Convention on the High Seas included a number of elements that in fact diminished the
practical effect of the above-mentioned principle. By emphasizing that transit States
shall accord free transit and other facilities by "common agreement" with a State
having po .sald moreover, by indicating that free transit should be accorded
"on a basis of reciprocity", article 3 of the Geneva Convention on the High Seas
made in fact the exercise of the principle of free access of land-locked States to
the sea dependent primarily on transit States.
Mesides, the principle of the 1921 Barcelona Declaration concerning the right of
fl--3 of both, coastal and non-coastal States was reptated in article 4. Finally,
a principle relating to land-locked States, equally with other States, was included
in 'article 14 of the Convention on the Territorial Sea and the Contiguous Zone. This
provision states gener.Lty that "ships of all States, whether coastal or not, shall
enjoy the right of innocent passage thi:ough the territorial sea".
3/ Document A/CONF.13/C.5/L.1, annex 7.
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Therefore, it must be concluded that the 1958 Geneva Codification, though
declaring the principle of free access to the sea and recognizing the equality of
states having no sea coast with coastal States, did not adopt adequate measures to
ensure their effective exercise. Its half-way provisions, more declaratory than
effective, could not satisfy the real needs of land-locked countries, for they did not
take into due account their geographically most disadvantaged position in relation to
the uses of the sea.
This fact was confirmed by developments following the Geneva Codification
Conference, particularly by the first United Nations Conference on Trade and Development
which was considering, among other points, "the proposal for the formulation of an
adequate and effective International Convention, or other means to ensure the freedom
of transit trade of land-locked countries". As a result the first UNCTAD Conference
adopted a special document including eight principles, together with an Interpretative
Note. 4/
It should be recalled that Principle I of this4significant document emphasized
that "the recognition of the right of each land-locked State of free access to the
is an essential principle for the expansion of international trade and economic
deve]opment". Principle VII already reflected the idea that the right of free access
of land-locked countries to the sea originated from their disadvantaged position in
relation to the sea, for it stated that "the facilities and special rights accorded to
land-locked countries in view of their special geographical position are excluded
1:r-m the operation of the most-favoured-nation clause".
The principles concerning land-locked countries adopted at the first UNCTAD
Conference have much significance for a full recognition and implementation of the
right of free access to and from the sea, a right which the land-locked countries
urgently need if they are to compensate for the adverse effects of their disadvantaged
geographical situation depriving the of may sea coast.
Moreover, the first UNCTAD Conference inspired the preparatory work for and
the convocation of, a Conference on Transit Trade of Land-Locked Countries which
WRS held in New York. In the Convention, drawn up at this Conference and adopted on
3 July 1965, the UNCTAD principles including a full recognition of the right of each
land-locked State of free access to the ssa, were incorporated. Furthermore, specific
questions of the freedom of transit were settled in 16 substantive articles of the
Convention.
The solutions offered by the Convention may be quqlified as a compromise between
the needs of land-locked countries and the interests of their transit partners. In
some aspects, however, the interests of transit States prevailed. This is evident
especially from article 15 of the New York Convention which states that "the provisions
of this Convention shall_ be applied on a basis of reciprocity". The Convention thus
made no difference between the needs for transit arising from the geographical location
of States having no sea coast, and any other transit serving only to facilitate
transport and communication in general.
4/ Final Act of UNCTAD, document E/CONF.46/428, Annex A.I.2.
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The land-locked States therefore earnestly hope that this Conferchtevill not adopt
the same restrictive approach which would create an unbalanced burden for the lande-locked
States.
. The practical impact of the.NewIork Convention on Transit Trade of Land-Locked
Countries has not beet great, for the number of its parties has retained rather limited.
Moreover, they are mostly land-locked States or such coastal States which are not
typical transit countries.
For all these and other reason it must be concluded that a further step to
facilitate the exercise of the right of free access of land-locked States to and from the
sea is necessary, in order to make it more corresponding to present and expected
conditions. This step should be taken now, in the framework of the Third United Nations
Conference on the Law of the SeaTn .
this connexion it should be recalled that the developing land-locked and other
getigraphi(ally ditadvantaged States, which met in a conference held in Kampala, Uganda,
from 20 to 22 March 1974, adopted a declaration containing principles reflectihg the
essential rights and interep*Of the developing land-locked and other geographitally.
disadvantaged Stateg to be embodied in the Conyentimvonthe Law of the Sea (document
, .
A/CONF.62/23 of 2.May 1974)
In order to facilitate the work Of the Conference in this field a group of
non-coastal States aubmitted at the last session'of the Sea-Bed Committee in Geneva a
document called "Draft Articles relating to Land-Locked States" (docnment A/AC.138/93 of
2 August 1973). The draft artieles should serve es a basis for the chapter of the future
Convention on the Law of the Sea-t4at would deal with problems of land-locked countries
re1at4pg to free access to and frozi,the,sea, including the international sea-bed area, as
well as their participatien lh"thOefenfernational regime, including the machinery and the
equitablOffiaring of the benefits of .the area.
As stated in the explanatory note to the:draft articles, they are not intended to
stand alone but "sl, 1.1 for an inseparable part of the law of the sea to be fitted
to appropriate places into a comprehensive Convention relating to the law of the sea".
Neither do the draft articles include n detailed regulation, thus remaining on the
level Oi fairly general but legally binding priacipleu, following the pattern of
other principles to be included in the new Codification of the Lew of the Sea.
First of all, attempts have been made in this document to express the up-to-date
outcome of the development regarding the right of free access to the sea, starting with
the 1921 73erce1ona Statute on Freedom of Transit until the 1965 New York Convention on
Transit Trade of Land-Locked Countries. Therefore, the greater part of the draft
articles presente a restatement and confirmation of recognized principles, using as ,much
as possible the language of previous instruments.
In some respects, however, the draft artcles go further and. are introducing new
elements, taking into account the real needs of Xand-locked countries under present
economic and technological conditions. NeverthelOV, it has been the over-all aim of
the drafters of this document to reflect in their pi6posa1s adequately existing practice
and experience as ,developed in different parts of the world and to derive therefrom a
common denominator that might be shared by all land-locked States and recognized by the
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(a) Fundamental principles
The draft articles relating to land-locked States begin with definitions of the
notions "traffic in transit", "person in transit", "transit State" and "means of
transport" which are based on the definitions of the Barcelona Statute and New York
Convention.
It is evident from the definition of "means of transport" that the draft articles
are intended to regulate transit by rail, road and waterways, and under special
arrangements by pipelines, gaslines and storage tanks. They shall not, however,
affect the conditions of transport by air which, though being undoubtedly one of the
means of transport serving the land-locked countries in their speediest access to
and from the sea and therefore quite indispensable, shall remain, due to its special
character, subject to bilateral or multilateral agreements relating to air transport,
as explicitly stated in paragraph 3 of article XX of the draft.
The term "traffic in transit" also includes, beside transit of baggage, goods
and means of transport across the territory of one or more transit States, transit
of persons as in the 1921 Barcelona Statute. However, the transit of persons is
limited to passage of persons "whose movement is not prejudicial to security, law and
order of the transit State".
The principles inserted in articles II and III may be qualified as corner-stones
of the whole draft:
Article II characterizes the right of land-locked States to free access to and
from the sea as "one of the basic principles of the law of the sea" and "an integral
part of the principles of international law". In this way it is emphasized that the
realization of the rights of land-locked countries in the uses of the sea is the
concern of the international community as u whole and shall be considered as an
inseparable part of the new Codification of the Law of the Sea.
The fundamental right of free access to and from the sea is declared in
paragraph 2 of article II: land-locked States, irrespective of the origin and
characteristics of their land-locked conditions, shall have this right "in order to
enjoy the freedom of the seas and to narticipate in the exploration and exploitation
of the sea-bed and its resources on equal terms with coastal States".
In article III the stipulation of the main instrument that permits the exercise
of the right to free access to and from the sea is inserted, i.e. the obligation of
transit States to accord "free and unrestricted transit for traffic in transit of
land-locked States, without discrimination among them, to and from the sea by all
means of transport and communication". Needless to say, without the right of free and
unrestricted transit, and the corresponding obligations on the part of transit States,
t!-1: fundamental right of States having no sea coast to free access to and from the
sea, as well as their equal rights to enjoy the benefits from the uses of the sea
would remain ineffective, a nudum ius without any practical significance.
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Both principles are based on several relevant documents. Their present wording
is abatracted from Principles Enunciated by the 1958 Preliminary Conference of
Land-Locked Countries (in particular Principle V); from artiple 3.of the 1958 Convention
on the High Seas; from UNCTAD Principles of 1964 (in particular Principle IV); and
from article 2 of the 1965 Convention on Transit Trade of Land-.Locked Countries.
nr course, both the right of free access to and from the sea and the freedom of transit
are spelled out in a manner which corresponds to contemporary conditions and to the
aims of the new Codification of the Law of the Sea.
Without any doubt, the right of free access to and from the sea, as well as the
freedom of transit originating from this right, shall be exercised in accordance with
the provisions of the future Convention on the Law of the Sea.
(b) Position of land-locked States on the high seas and in maritime ports
The two fundamental articles are followed by a group of providions confirming the
traditional rights of land-166ked countries arising,from their right of free access to
and from the sea, and their equal position on the high seas, in the territorial sea
and in internal waters:
Article IV deals first with the rights of flags of land-locked States which was
recognized as early as in 1921 by it special declaration unanimously adoptOd by the
Barcelona Conference. In accordance with a generally recognized principle Of
international law, whiCh is reflected in article 2 of the 1958 Convention on the,
High Seas, vessels flying the flag of a land-locked State shall have identical rights
to those enived by vessels of coastal States. Similarly, in the territorial sea and
in internal waters, their vessels shall have identical rights and enjoy treatment
-qual to that enjoyed by vessels flying the flags of coastal States.
Article V declares the right of vessels of land-locked States to use maritime
ports under the most favoured treatment, and article VI provides that traffic in
transit shall not be subject to any custom duties, taxes or other charges, except
charges levied for specific services rendered in connexion with such traffic.
As to their substance all'these articles are based on provisions of previous
documents, in particular on paragraph 1 of article 3 of the 1958 Convention on the
High Seas; article 14 of the 1958 Conliention on the Territorial Sea and the ContiguouS
Zone; principles II - IV of the UNCTAD Principles as included in the 1965 New York
Convention; and article 4 of the New York Convention.
A new element is, however, included in paragraph 2 of article VI, according to
which "if the port installations and equipments or the means of transport and
communication or both existing in a transit State are primarily used by one or more
land-locked States, tariffs, fees or other charges for services rendered shall be
subject to agreement between the States concerned". The adoption of such a provision
and its application in particular cases is justified by the extent of use of some
ports and communications by certain land-locked States.
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For the purposes of these draft articles "maritime port" is understood to signify
any-pott receiving sea-going vessels and serving international economic relations or
transit of land-locked States. The granting of most favourable conditions to
land-locked S:kates, as provi4ed in draft articles V and VI should balance the very
considerable disadvantages of States having no sea coast or maritime ports.
Also belonging to this group of articles are rules concerning free zones and
other facilities which mar. be provided, according to article VII, at the ports of
entry and exit in the transit States, of course by agreement between those States
and the land-locked States concerned. Such zones, which will be needed mostly in
those maritime ports where a free port does not exist, shall be exempted from the
customs regulations of the coastal States; they remain, however, subject to their
jurisdiction with regard to police and public health regulations.
It should be recalled that the main provision of article VII of the draft is
identical with article 8, paragraph 1 of the 1965 New York Convention.
As provided in article VIII of the draft, in the ports of traneit or free zones,
land-locked States shall have the right to appoint customs officials of their own,
empowered in accordance with practice of States to make necessary arrangements and
supervise operations and services for movement of traffic in transit. This drafts
prevision reflects practice existing indifferent coastal States on the basis of
their bilateral agreements with neighbouring land-locked countries. It is believed
that such practice should become a general standard.
(c) Provisions relating to questions of transport and coMmunications
Articles of the draft include provisions regulating different questions
of transport_and communicatione.
According to article IX, transit States shall provide adequate means of transport,
storage and handling facilities at the points of entry and exit, and at intermediate
stages for the smooth movement of traffic in transit. This draft' article corresponds
agLin to a similar provision of paragraph 1 of article 4 of the 1965 New York
Convention.
Article X nay be considered as an innovation according to which the land-locked
States, in agreement with the transit State or States concerned, shall have the right
to construct, modify or improve means of transport and communiCations or the port
installations and equipment in the transit States when such meanh are inadequate or
may be improved in any respect. Such principle, however, is juatified by the need to
develop and improve the means of transport and communications whieh,'in the second
half of the t--2ntieth century are much greater than in previous periOds.
Article.XI, dealing with delays or difficulties in traffic in transit, is
identical with article 7 of the 1965 New York Convention.
Some additional provisions to the general principle of freedom of transit are
included in articles XII and XIII:
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In the first of these provisions, the right of land-locked States to access to
and from the sea through navigable rivers which pass through their territories and the
territories of transit States or which form a common boundary between those States
and the land-locked States, should be recognized. This provision concefts all
navigable rivers which may be used for traffic in transit, be they declared as
international in a special legal instrument or not.
It should be recalled that from the historical point of view navigable rivers
were the first means of communication used for international transit and that in
the 1921 Barcelona Statute on Freedom of Transit its contracting parties assumed the
obligation "to facilitate free transit by rail or waterway on routes in use convenient
for international transit".
By the second of the above mentioned articles is provided the right of land-locked
States to use one or more of the alternative routes or means of transport for purposes
of access to and from the sea. Though an innovation, this provision is justified by
the need to ensure the speedy and smooth movement of traffic in transit that might be,
in fact, hindered or made more expensive when limited to a single route of access
to the sea.
(d) Sovereignty of transit States and protection of their rights
Land-locked States, while possessing the rights provided for in the draft articles,
which are derived from the principle of their free access to and from the sea, are
well aware that transit States maintain sovereignty over their respective territories.
However, this provision shall not be construed as prejudicing territorial
disputes of any kind.
Therefore, in article I the inclusion of pipelines, gaslines, and storage tanks
when they are used for traffic in transit and other means of transport in the definition
of "means of transport" shall remain "subject. to appropriate arrangements as and
when necessary". According to article VII free zones and/or other facilities at the
ports of entry and exit in the transit States may be provided, but it shall be done
by agreement between those States and the land-locked States. Any improvement of the
means of transport and communications that would be made by the land-locked States
under the scope of article X should be subject to agreement with the transit State or
States concerned.
Moreover, the draft articles include a general clause safeguarding the rights of
teansit States against eventual infringements of any kind: according to article XIV
the transit State shall have the right to take all indispensable measures to ensure
that the exercise of the right of free and unrestricted transit shall in no way
infringe its legitimate interests.
Furthermore, the 3.973 draft articles include in article XV a special provision
concerning "temporary deviations in exceptional cases". This provision is identical
with the language of article 7 of the 1921 Barcelona Statute and analogical to
article 12 of the 1965 New York Convention.
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(e) Question of reciprocity
The land-locked States attach a great importance to a just solution of the
question of reciprocity.
As is known the 1958 Geneva Convention on the High Seas in its article 3, and
in similar terms the 1965 New York Convention on the Transit Trade of Land-Locked
Countries in its article 15, have secured to land-locked States the freedom of transit
"on a basis of reciprocity". These provisions were apparently based on a wrong
supposition that both the land-locked and the transit States have comparable positions
and identical needs for transit. This is however not the case, for the purpose of
free transit of land-locked countries is just that of ensuring them the exercise of
their right of access to and from the sea.
The present draft declares therefore that "reciprocity shall not be a condition
of free transit of land-locked States" the fulfilment of which might be required by
transit States in favour of their own transit to any other country, for it would not
be necessitated by the need for access to the sea. Such condition would not be just,
in particular, in relation to those land-locked countries which are surrounded by
several transit States.
At the saw: time article XVI of the draft does not exclude the possibility of
providing reciprocal transit facilities under special agreements, if the level of
relations between the partners concerned or their other interests lead them to such
arrangements. Certainly, exact economic data would permit to recognize in each
individual case whether at all, or to _what degree, both aides might derive benefits
from reciprocity, or a strict application of this condition would create an unbalanced
burden for the land-locked State alone.
(f)
Position of land-locked States in the rggime of the sea-bed and their participation
in the Sea-Bed MachineIy.
The draft articles submitted by land-locked States also contain, in the form of
general guidelines, certain provisions concerning their participation in the exploration
and exploitation of the sea-bed and its resources.
Article XVII first declares that land-locked States shall_ have the right of free
access to and from the area of the sea-bed, a principle which was already raised in
discussions on the rggime of the sea-bed in the Sea-Bed Committee. For this purpose
the land-locked States shall have the right to use all means and facilities provided
with regard to traffic in transit.
It is obvious from the language of this provision that land-locked States do not
require some privileges in this respect, but only equal rights and opportunities in
the framework of the regime to be established for the area of the sea-bed beyond the
limits of national jurisdiction. The aim of this article is to ensure that
land-locked States will exercise free and unrestricted transit across the territory
of one or more transit States not only for reasone of their access to the surface
and waters of the sea for purposes of its traditional uses, such as navigation,
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fisheries and others, but as well to its newly accessible areas of the sea-bed and
subsoil thereof. Of course, their activities in this area shall be governed by
principles and provisions of the Convention concerning the regime of the sea-bed and
its machinery.
Furthermore, article XVIII includes some guidelines regarding representation of
land-locked States in organs of the future international organization of the sea-bed
in which not all member States would be represented, in particular in its Council. In
such organs there should be an adequate and proportionate number of land-locked States,
both developing and developed.
Article XIX deals with the very crucial point of decision-making in the machinery.
It is understandable why the land-locked States, as a group of countries facing special
problems arising from their disadvantaged geographical position in relation to the seas,
insist on observing the principle that decisions of substance shall be made with due
regard to their special needs and problems. It means that on questions of substance
which affect the interests of land-locked States, decisions shall not be made without
their participation or even against them. In this connexion the land-locked States
maintain the view that they shall have equal rights in the decision-making process of
the machinery.
(g) Relation of the general regulation to special agreements and question of
most-favoured-nation clause
As has been already stated, a general regulation of the problems of land-locked
countries would not at all exclude the possibility of concluding bilateral, regional
or multilateral agreements in which special arrangements would be made. On the
contrary, the draft requires the settlement of specific questions between the
land-locked and transit States concerned in such agreements. Therefore, article XX
of the draft states that the provisions of the future Convention governing the right
of free access to and from the sea shall not abrogate existing special agreements
between two or more States, nor shall they raise an obstacle as regards the conclusion
of such agreements in the future.
On the other hand, the regulatory role of the new Convention, which will introduce
a general standard, must be preserved. The same article XX provides therefore that
in case existing special agreements ensure less favourable conditions than those
which will be contained in the Convention, the States concerned will undertake that
they shall bring them in accord with the present provisions at the earliest occasion
A similar undertaking is usual in conventions dealing with a general regulation.
It was also provided in article 10 of the 1921 Barcelona Statute on Freedom of Transit.
Of course, the future Convention, as the 1965 New York Convention, shall not
preclude providing greater facilities in special agreements.
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Since the new Convention would establish rights and facilities in view of the
special geographical position of land-locked States and their fundamental right to
free access to and from the sea, its provisions, as well as provisions of special
agreements regulating the exercise of the right of free access to and from the sea
and the area of the sea-bed, should be excluded from the application of the most-
favoured-nation clause in favour of any third State. This principle, included in
article XXI of the draft, is analogical to article 10 of the 1965 New York Convention.
Similarly, it does not prevent the extension of facilities and special rights
that would be accorded to land-locked States under the new Convention or special
agreements in favour of a land-locked State which would not become a party to this
Convention on the basis of the most-favoured-nation clause of a treaty between that
land-locked State and a contracting State of the Convention which have arranged such
facilities and special rights.
The last provision of the draft (article XXII) includes a principle concerning
settlement of disputes that would arise from the interpretation and application of the
articles relating to land-locked countries. This principle, too, is drafted in general
terms, stating that any such dispute "-hall be subject to the procedures for the
settlemen'L of disputes provided for in the Convention".
Therefore, it is no way prejudicial tc a later agreement on procedures that
would govern the settlement of disputes arising from the interpretation and application
of other provisions of the future Convention on the Law of the Sea.
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UNITED NATIONS
Press Section
Office of Public Information
United. Nations,. N.Y. .
FOR =OF INFORMATION MEDIA -- NOT AN OFFICIAL RECORD)
Press Release SEA/43
5 July 1974
THIRD COMMITTEE OF LAW OF SEA CONFERENCE HOLDS FIRST MEETING
(The following was received from a United Nations'InforMation Officer ?
attending the Conference in Caracas,)
The Third Committee (marine environment, research and technology) of the
Third United Nations Conference on the Law of the Sea held its first meeting
on 4 July.
The Committee heard a number of proposals by its Chairman, Alexander
Yankov (Bulgaria), arising from private consultations on the organization of
the Committee's work, and decided to continue the consultations among
regional groups with the aim of reaching general agreement. The informal
consultations would continue that afternoon and over the week-end.
On Monday, 8 July, the Chairman is to meet again with the heads of
regional groups to consult on the manner in which the Committee will go about
its tasks. The Committee is expected to begin next week its consideration of
the items assigned to it, once the organization of its work has been approved.
The nositions of the various regional groups were presented by the
representatives of El Salvador (for the Latin American group), Senegal (for
the African countries), Finland (for the Western European and other countries),
Sri Lanka (for the Asian nations) and Romania (for the Eastern European group).
The representatives of Canada and the United States also expressed their views.
Spokesmen for the Latin American, Asian, African and Socialist Countries
of Eastern Europe spoke in favour of an organization of work similar to that
adopted by the Second Committee (general lay of the sea issues). Under such an
arrangement, the Third Committee would not for the time being set up working
groups on each item; rather, the Committee as a whole would work on its three
items in informal or official meetings, under its Chairman.
Finland and the United States, on the other hand, favoured the establish-
ment of working groups. Canada suggested the creation of a working group on
marine pollution, with a Latin American Chairman, and proposed that separate
consideration should be given to the items on marine research and technology.
(more) 243
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Press Release SEA/43
5 July 1974
The United States urged that work be done on the drafting of soecific
treaty articles concerning the items assigned to the Committee. He suggested
that the Committee, in deciding how to organize its work, should take advantage
of the experience of the Committee on the Peaceful Uses of the Sea-Bed and
Ocean Floor Beyond the Limits of National Jurisdiction -- the preparatory body
for the Conference.
The countries which did not favour the immediate creation of working
groups indicated that most delegations did not have enough persons to serve
on such groups. All those who spoke expressed a desire to achieve consensus
in the discussions on organization of work.
The items assigned to the Third Committee are preservation of the marine
environment, scientific research, and development and transfer of technology.
The o:ficers of the Committee, elected at the organizational session of
the Conference held in New York in December, are: Chairman, Alexander Yankov
(Bulgaria); Vice-Chairmen, Colombia, Qyorus and the rederal Republic of
Germany; Rapnorteur, Abdel M.A. Hassan (Sudan).
* *-*-X- *
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Third,COmmittee
Distr.,
LIMITED
A/CON1.62/C.3/L.2
23 July 1974
ORIGINAL: ENGLISH
Rua: draft articles for the preservation and the rotection
of the marine envjrorwient for inclusion in the convention on
the law of the sea
Note: These articles are a substitute for the ?articles
appearing in document A/AC.138/SC.III/L.41
Preamble
This will be inserted later.
Definitions
For the purposes of this Convention:
(a) "The Authority" means the International Authority established uader
chapter ... of this Convention.
(b) "Conservation of the marine environment" means the aggregate of measures taken
to.render possible the maintenance of the natural quality, productivity and the -
ecological balanceof the marine environment.
(c) "Marine environment" means the area comprising the air space above the sea,
the surface and the subsoil beyond the high tide. mark Including the living and nonliving
resources therein.
(d) "Marine pollutant" means any substance or energy which if introduced to the
marine environment results in such deleterious effects as harm to the living resources,
hazard.to human health, hindrance to marine activities, reduction of marine amenities
and imiairMent of the quality for use of the marine waters.
,
-,(e) "Pollution of the marine environment" means the introduction, deliberately or
otherwise and directly or indirectly of marine pollutants into the marine environment.
(f) "7essel" means crafts of any kind, self-propelled or not, that displace
themselves on the surface of the water, in the water column or in the air space above
the marine environment.
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RIGHTS OF STATES AND HE AUTHORITY
Article 1
Within the lin its of national jurisdiction the coastal State shall have sovereign
rights to explore E.nd exploit the marine resources therein pursuant to the coastal
States environmentEl policies and in accordance with the provisions of these articles.
Within these limitE the coastal State shall have the right to take appropriate measures
to prevent or mitiEate dangers or hazards caused by the pollution of the marine
environment.
Article 2
In areas beyond the limits of national jurisdiction the Authority shall have the
right to explore and exploit the sea-bed marine resources therein on behalf of mankind
and in accordance with applicable international law. Within these limits tle Authority
shall have the right to ensure that appropriate measures are taken to preserve the
marine environment and Prevent damage by pollution.
DUTIES AND OBLIGATIONS OF SrATES, THE AUTHORITY
AND OTHER INTERNATIONAL BODIES
Article 3
States and the Authority have the obligation to protect and preserve the quality
and the resources of the marine environment in accordance with the provisions of these
articles.
Article 4
States shall take all necessary measures to prevent or control pollution of the
marine environment. In doing so, States shall use the best practicable means in
accordance with their capabilities and their environmental policies individually or
jointly. In particular, States shall take measures to ensure that activities carried out
under their control or within the area under their jurisdiction do not cause damage by
pollution of the marine environment.
Article 5
States shall ensure that measures taken under these articles shall deal with all
sources of pollution of the marine environments whether land, marine or any other
sources including rivers, estuaries, the atmosphere, pipelines, outfall structures,
vessels, aircraft and sea-bed installations or devices. Such measures shall include
inter alia:
(a) With respect to land-based sources of pollution of the marine environment,
measures designed to minimize the release oftoxic, harmful and persistent substances
into the marine environment.
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(b) With reEpect to pollution from vessels, measures relating to
(i) prEvention of accidents
(ii) safety of operations at sea, and
(iii) intentional or other discharges, including measures relating to design,
equipment, operation and maintenance of vessels, particularly those
engaged in shipment of substances whose release, accidently Dr through
normal operation of the vessel, would cause pollution of the marine
environment.
(c) With respect to installations, devices or equipment engaged in the exploration
and exploitation cf the marine resources of the sea-bed, subsoil and the water column,
as well as other devices operating in the marine environment, measures for the
prevention of accidents and for the safety of operations at sea and especially measures
related to design, equipment, operation and maintenance of such installations.
(d) With respect to pollution from the atmosphere, measures relating to the
prevention of accidents involving flying crafts, and release of toxic and harmful
substances and particularly atmospheric nuclear fall-outs.
Article 6
The measures taken pursuant to these articles shall,
(a) With respect to land-based sources of pollution of the marine environment,
take into account appropriate geographic, ecologic and economic factors, as well as
regional and international standards referred to in article ... of this Convention.
(b) In respect of marine and atmospheric based sources of pollution of the marine
environment, conform to generally accepted regional or international standards referred
to in article ... Df this Convention.
Article 7
* In taking measures to prevent pollution of the marine environment States shall,
(a) Have due regard to other legitimate uses of the marine environment and shall
refrain from unjustifiable interference with such uses.
(b) Guard against the effect of merely transferring damage from one area to
another.
Article 8
The Authority shall have, among its obligations, the setting up of binding
standards to control pollution from exploration and exploitation of the marine resources
of the sea-bed and the water column beyond the limits of the national jurisdiction.
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Article 9
The Authority shall ensure that all necesnary measures are taken to prevent
the pollution of the marine environment from all sources beyond the 1imits Df national
jurisdiction. In doing so it shall use the bent practicable means in accoriance with
its capabi:qty, individually or jointly with other competent international bodies.
In particular the Authority shall ensure that all activities carried out in areas
beyond the limits of national jurisdiction do not cause damage by pollution of the
marine environment.
Article 10
States and conpetent international bodies shall notify each other of a.reas within
the marine environuent which they become aware have been polluted or are in imminent
danger of being pollutdd. The authorities responsible for the area which in in
imminent danger of being polluted or which has been polluted shall ensure that necessary
measures are taken to terminate the danger or ninimize the damage in accordance with
appropriate laTTs and regulations.
Article 11
The UNEP shalL provide the over-all integrated framework for comprehennively
co-ordinating, reviewing and guiding those activities of States, and of intergovernmental
and non-government.11 organizations that may affect the quality of the marine
environment.
CO-OPERATION AMONG STATES AND INTERNATIONAL BODIES
Article 12
States shall co-operate on a global basis and as appropriate, on a regional basis,
directly or through competent international or regional bodies, to conclude treaties,
and elaborate rules and procedures consistent with this Convention for the prevention
of marine pollution taking into account all relevant factors.
Article 13
States shall co-operate, directly or through competent international or regional
organizations for Lhe purpose of promoting studies, undertaking programmes cf
scientific research and encouraging exchange of information and date acquired
concerning the pollution of the marine environment.
Article 14
States shall, accorling to their capabilities, actively support and contribute to
appropriate internutional programmes designed to acquire knowledge for enhancing the
assessment of pollLtion sources, pathways, expoJures, risks and remedies.
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Article 15
States shall co-operate directly or through competent international or regional
organizations in formulating appropriate scientific criteria for establishing and
elaborating adequate rules and standards for the prevention of marine pollution.
Article 16
States shall directly or through competent international or regional organizations,
co-operate in eliminating the effects of pollution and preventing or minimizing damage
to the marine environment.
SCIENTIFIC AND TECHNICAL ASSISTANCE
Article 17
States shall, individually or through competent international or regional
organizations:
(a) Promote programmes of scientific, educational, technical and other assistance
to developing countries for the preservation of the marine environment and the
prevention of marine pollution. Such assistance shall include, inter alia,
(i) the training of scientific and technical personnel,
(ii) facilitation of their participation in relevant international programmes,
(iii) supply of necessary equipment,
(iv) enharcement of developing countries' capabilities to manufacture such
equirment,
(v) development of research and monitoring facilities and other educational
programmes concerned with the prenervation of the marine environment and
the prevention of marine pollution or the minimization of its affects.
(b) Promotion and development of contingency plans for responding to major
pollution incidents and provision of appropriate assistance to developing countries
for the minimization of the effects of such incidents.
Article 18
Developing States shall, for the purpose of the prevention of the marine pollution
or the minimization of its effects, be granted preference in the allocation of
appropriate funds and technical assistance facilities and the utilization of the
specialized services of international organizations.
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MONITORING
Article 19
States shall, as much as is practicable, employ internationally agree6 systems of
observations, measurement and analysis to determine the risk or effect of pollution
on the marine env:xonment, especially pollution likely to arise from activities which
they permit or in which they engage.
Article 20
States shall disseminate as soon as possisle, the data and informatior obtained
on the risks and effects of pollution on the marine environment to States likely to
be affected and to the Authority, as well as ts UNEP and to other concerned international
organizations, with a request to disseminate sich data and information.
REGULATI)NS
Article 21
Acting throuvh competent international or regional organizations, States shall
establish international standards for the prevmtion of pollution of the marine
environment from c.11 sources under their jurisliction taking into account, inter alia,
available scientific evidence, geographical, eiological and economic factors. States
shall, individually and to the extent possible endeavour to adopt these standards
within the limits of their national jurisdicti.m.
Article 22
The Authority individually or in collaborltion with other competent international
r regional bodies shall forradate and adopt riles and regulations. for the preservation
of the marine environment and prevention of pollution arising from the air space, the
exploration and exploitation of the marine reaiurces of the-sea-bed, subsoil and the
water column beyond the limits of national jurisdiction.
Article 23
States, acting through competent international or regional bodies, shall establish
and adopt international standards for the prevention of pollution from vessels. In
establishing these standards due regard shall se given to the need for appropriate
stc.ndards for special situations.
Article 24
T.-7e Uni_ted Nstions Environmental Programa shall endeavour to ensure that standards
folmulated by States, the Authority and other iompetent international or regional
bcdies with respect to any sector of the marine environment are complementary and in
ceordance with established environmental priniiples and objectives.
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A/CONF.62/C.3/L.2
English
Page 7
ENFORCEMENT
Article 25
States shall take appropriate measures to give effect to these articles in respect
of land-based and atmospheric sources of marine pollution.
Article 26
Coastal States shall enforce their national or adopted international regulations
against pollution of the marine environment on all vessels whether in their ports or
in transit, or engaged in the exploration or exploitation of the marine resources within
the limits of their national jurisdiction.
Article 27
Coastal States shall enforce national or adopted international measures against
pollution of the narine environment originating from the exploration and exploitation
c,f the marine areas within the limits of their national jurisdiction.
Article 28
The Authority shall ensure that measures against all sources of pollution of the
rarine environment beyond the limits of natioral jurisdiction are implemented.
ticle 29
RESPONSIBILITY OF STATES AND OF THE AUTHORITY'
States shall be responsible for demage caused by their activities, those of their
nationals, physical or juridical and others uthle:c their control or registration to any
part of the marine environment.
Article 30
The Authority shall be responsible for damage caused by pollution to the marine
environment by its activities ?or by the activities of those who the Authority permits
to undertake exploration and exploitation of the marine resources in areas beyond the
limits of national jurisdiction.
COMPENSATION FOR DAMAGE
Article 31
(Appropriate formulation to be worked out later)
SETTLEMENT OF DISPUTES
Article 32
(Appropriate formulation to be worked out later)
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Third Committee
Article 1
Distr.
LIMITLU
A/CONF.62/C.3/L.4
23 July 1974
ORIGINAL: ENGLISH
Greece: draft articles on the enforcement of the provisions
of the protection of the curiae environment
ENFORCEMENT
A. On pollution from land-based sources
Regulations adopted "in accordance with the provisions of this Convention for the
protection and preservation of the marine environment from land-based sources of
pollution shall be enforced by the State within the territory which is the source of
pollution.
B. On pollution from the eoloration and exnloitation of the sea-bed
Article 2
Regulations adopted in accordance with the provisions of this Convention for the
protection and preservation of the marine environment from pollution arising frot the
exploration and exploitation of the sea-bed shall be enforced by the coastal State within
the areas under its national jurisdiction and by the flag State.
C. On pollution from dumping at sea
Article 3
Regulations adopted in accordance with the provisions of this Convention for the
protection and preservation of the marine environment from dumping at sea shall be
enforced:
(a) by any State within its territory;
(b) by the flag State on vessels and aircraft registered in its territory or
flying its flag;
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(c) by the coastal State on vessels and aircraft engaged. in dumping within areas
under its national jurisdiction;
(d) by the port State on vessels and aircraft loading in its ports or offshore
terminals matter which is to be dumped.
D.
On pollution from ships
Article 4 - Primary obliEation
(1) Regulations adopted in4abordance .!with the provisions of this Convention for
the protection and preservation of the marine environment from pollution from ships shall
be primarily enforced by the flag State which has a right and obligation to this effect.
(2) At the documented request of any State the flag State has an obligation to
institute proceedings against the Owner or master of any ship registered within its
territory or flying its flag for the alleged violation of such regulations and inform the
requesting State of the action taken upon such request.
(3) After appropriate inspection the flag State has the obligation to issue a
certificate that a ship registered in its territory or flying its flag complies with the
regulations.referred to in paragraph (1) of this article. Such a certificate duly issued
under the authority of a Party to this Convention shall be accepted by other Parties as
having the same validity as a certificate issued by them.
Article 5 Inspection
(1) The flag State has the right and the obligation to inspect ships registered
in its territory or flying its flag anywhere at such regular intervals as provided for
by regulations adopted in accordance with this Convention and at any other time when
deemed appropriate.
(2) The coastal State has within areas under its national jurisdiction the right
to inspect a ship registered in the territory or flying the flag of another State where
serious pollution has been caused by such ship in the above areas.
(3) The Port State has the right to inspect any ship while in its ports or at its
offshore terminals.
(4) The periodical inspection by the flag State shall, and any other inspection
by such State may, refer to the actual condition of the ship. Inspection by coastal or
port State shall be limited to verifying that there is on board a valid certificate
unless there are clear grounds that the condition of the ship does not correspond
substantially with the particulars in that certificate.
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Article 6 - Proceedings
(1) Where a violation-af' regulations-concerning discharge of pollutants at sea is
committed by a ship within the internal waters or the territorial sea of a contracting
State proceedings againat such ship may be instituted by the flag State, the coastal
State or, at their documented request, by any port State.
??????
(2) Where a violation of regulations concerning discharge of pollutants at sea is
committed by a ship within the economic zone of a contracting Stato,proceedings shall
be instituted by the flag State on the documented request of the coastal State within the
economic zone in which the violation occurred. If no action is taken by the flag State
within six months from the receipt of such request proceedings shall be instituted by the
coastal State or, at its documented request, by any port State.
(3) Where a violation of regulations concerning discharge of pollutants at sea is
.70mmitted by a ship in the area beyond the limits of national jurisdiction proceedings
shall be instituted by the flag State on its initiative or at the documented request of
fly contracting State.
(4) Where a violation of regulations concerning ship design, construction,
equipment, manning or any matter other than discharge has been committed by a ship,
--yroceedings shall be instituted by the flag State on its initiative or at the documented
reeuest of any contracting State within the area of national jurisdiction in which such
violation resulted in pollution or serious danger of such pollution.
of proceodinja
Article 7
Where proceedings have been initiated by a contracting State against a ship in
accordance with preceding articles 2, 3 or 6, no other contracting State shall start
proceedings against the same ship for the same violation.
F. Enforcement of sentences
Article 8
Where a sentence is issued in accordance with the provisions of articles 2, 3 or 6
it shall be enforced by any port State at the request of the State the appropriate
authorities of which issued such sentence.
G. Undue delay to ships
frLicie 9
(1) In the exercise of rights and obligations under articles 2, 3 and 6 of this
Convention all possible efforts shall be made to avoid undue detention or delay of a
ship.
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(2) A ship shall be entitled to compensation for any loss or damage suffered from
undue detention or delay under articles 2, 3, 5, 6 or 8 of this Convention or caused by
other wrongful application of this Convention.
(3) The owner of such ship may bring an action for damages before the courts of
the State liable under paragraph 2 above or, in case such State is not the flag State,
initiate the proceedings provided for in articles of this Convention for the
settlement of disputes.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.3/L.5
29 July 1974
ORIGINAL: ENGLISH
THIRD COMMITTEE
Israel: draft articles on the Enforcement of Provisions
on tvle Protection of Marine Environment
Article 1. Offences
Every State undertakes to make the discharge of pollutants into the sea an offence
punishable by adequate penalties.
Article 2. Documentary Evidence
Every State undertakes to make suitable provisions for the admission by its courts
of law of documentary evidence, submitted by competent authorities of another State,
concerning the commission by ships operating under its flag of an offence in respect
of discharge of pollutants into the sea.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIAITED
A/CONF..62/C.3/L.6
31 July 1974
ORIGINAL: ENGLISH
THIRD COilillITTEE
Canada, Fiji, Ghana, Guyana, Iceland, India, Iran, New Zealand,
Philippines and Spain: draft articles on zonal approach to the
preservation of the marine environment
These draft articles do not necessarily represent the full or final position of
the co-sponsors, are without prejudice to declared national positions, and do not
imply withdrawal of the proposals submitted, individually or jointly, by some of the
above-named States or substitution of such proposals or national positions by the
present draft articles.
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States have tht obligation to protect and preserve the marine environment.
TI
1. Suites shall co-operate on a global basis and EIS appropriate on a regional
basis, directly or through competent international organizations, global cr regional, to
formulate and elaborate treaties, rules, standards and recommended practices and
procedures consistent with this Conventioa for the prevention of marine pollution, taking
into account characteristic regional features, the economic capacity of developing
countries and their nese: for economic development.
L. Ltsates yith intereste in the marine environment of a region or geographically
cl.rfnon area swell co-.:cerate in formulating common policies and measures for the
Prrtetion of suce reaions or areas. States should endeavour to act consistently with
the objectives an prosisions of such policies and measures.
113
States enale take ell necessary measuees to prevent pollution of the marine
sevironment from eny source, using for tis purpose the best practicable means in
eeccedeece with t-eir capabilities, individually or joirtly as appropriate, and
according te their own envirtanneata1
2. States shall take al: necessary measures to ensure that activities under their
luriediction or control do not cause damage to arPas beyond their national jurisdiction,
inclnaing damage to ot-eer States, and eneie environment, by pollution of the marine
environment..
"),. The measures taken presuant to ttese articles shall deal with all sources of
pollution of the marine environmeet, vtether air, Jesal, marine, or any other sources.
They shall t!cj.lide insee
(a) In respect of land-based sources of pollution of the marene environment,
includiig. rivers, estuares, pipelines and outfall structures, measures designed to
ainimize the release of noxious and .sineful substances, especially persistent substances,
the marine environment, to the fullest possible extent;
(t) In respect of ?oollution from vessels, measures relating to the prevention of
acciients, the safety of operations at sea and intentional or other discharges, including
measures relating to tne design, equipment, operation and maintenance of vessels,
.
eepeseally of those vessels engaged in the carriage of hazardous substances whose release
into the marine environment, either accidentally or through normal operation of the
vessel, woeld rause eollutiou of the marine environment;
rcepect ef poliutioe from inataalations or devices engaged in the exploration
eee exelo4osation of the natural reeourcee of the sea-ben and subsoil, measures for the
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prevention of accidents and the safety of operations at sea, and especially measures
related to the design, equipment, operation and maintenance of such installations and
devices; and
(d) In respect of pollution from dumping by vessels, aircraft and fixed or
floating platforms, measures for prohibiting or regulating such dumping.
IV
In taking measures to prevent marine pollution, States shall guard against the
effect of transferring damage or hazard from one area to another.
V
Nothing in these articles shall derogate from the sovereign right of a State to
exploit its own resources. pursuant to its environmental policies and in accordance with
its duty to protect and preserve the marine environment both in its own interests and
in the interests of mankind as a whole.
VI
The coastal State has in and throughout its economic zone (hereinafter referred to
as the "zone") the rights and duties specified in these articles for the purposes of
protecting and preserving the marine environment and preventing and controlling pollution.
VII
1. Within the zone, the coastal State shall have jurisdiction, in accordance
with these articles, to establish and adopt laws and regulations and to take administrative
and other measures in respect of the activities of all persons, natural and juridical,
vessels, installations and other entities for the purposes set out in article VI.
2. The coastal State shall have the right to enforce in the zone laws and
regulations enacted in accordance with paragraph 1 of this -erticle.
3. (a) In respect of pollution of the marine environment from land-based sources
and from installations or devices engaged in the exploration and exploitation of the
natural resources of the sea-bed and subsoil, the laws and regulations of the coastal
State shall take into account internationally agreed rules, standards and recommended
practices and procedures.
(b) (1)
In respect of ship-generated pollution, the laws and regulations
of the coastal State shall conform to internationally agreed rules
and standards.
Where internationally agreed rules and standards are not in existence
or are inadequate to meet special circumstances, coastal States may
adopt reasonable and non-discriminatory laws and regulations
additional to or more stringent than the relevant internationally
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agreed rules and sta-Aards, However, coastal States may apply
stricter design and consi.ruction standards to vessels navigating
in their zones only S'u respect of waters where such stricter
standards are rendelad essential by exceptional hazards to
navigation or the special vulnerability of the marine environment,
in accordance with uccepted scientific criteria. States which
adopt measures in accordance with this --T-;s-agr-,'I shall notify
the competent international organization without -- -, which shall
notify all interestec 3tatos zAiout these measures.
The coastal State shall exercise its righ'cs and perform duties in the zone
with regard to the preservation of the marine environment without undue interference
with other legitimate uses of the sea, including, subject to the provisions of this
Convention, the laying of cables and pipelines.
IX
In the zone, ships and aircraft of all States, whether coastal or not, shall
enjoy freedom of navigation and overflight subject to the exercise by the coastal State
of its rights within the zone, as provided for in this convention, with regard to the
preservation of the marine environment.
(Further articles in elaboration of the zonal eppreach will be :aquired, including
provision for the peaceful settlement of diwoutes, spial areas, intervention,
liability, the relationship of these articles with other international conventions,
and mechanisms for the establishment of rules r.nd standards.)
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
A/CONF.62/C.3/L.7
1 August 1974
ORIGINAL: ENGLISH
C01,11.1ITIEE
FEDERAL REPUBLIC OF GERMANY
Draft articles
ENFORCEMENT OF REGULATIONS CONCERNING THE PROTECTION
OF THE MARINE ENVIRONMENT AGAINST VESSEL-SOURCE
POLLUTION
Article I
,orgaanentamen.. ImAir
1. States shall ensure that ships flying their flag comply with regulations established
in accordance with this Convention and shall issue for these ships certificates required
or provided for in such regulations. They shall deny the right to fly their flag to
ships which do not comply with such regulations.
2. A certificate issued by a State for a ship flying its flag in accordance with this
Convention shall be accepted by other States and regarded for all purposes covered by
this Convention as having the same validity as a certificate issued by them.
3. If a State has issued a certificate for a ship flying its flag which does not
comply with the requirements of the regulations and such ship causes pollution of the
marine environment, the issuing State shall be internationally responsible for damage to
other States and theirmat4onale resulting from the pollution incident and shall pay
compensation accordingly, unless the pollution incident was not due to the failure to
comply with the requirements.
Article II
1. A ship required to carry a certificate is subject, while in the ports, off-shore
terminals or internal waters of a Contracting State, to inspection by the authorities
of that State. Any such inspection shall be limited to verifying that there is on board
a valid certificate, unless there are clear grounds for believing that the condition of
the ship or its equipment does not correspond substantially with the particulars of
that certificate.
2. If there are reasonable grounds for believing that the ship has violated discharge
regulations established in accordance with this Convention, such State may also inspect
the ship in order to ascertain whether it has violated such regulations.
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:2-J , or .?;.:e
condition of the ship or its equipment does not correspond substantially with the
particulars of that certificate, or the ship has violated discharge regulations on the
high seas, a report shall Ite te the n1,77 State 11Mch shall take appropriate
action, and to-tile competent international oreanization. If the insoection indicates
that the ship has violated discharge rcaulations within the territorial sea or internal
eaters of the inspectina State, the authorities of that State may intitute judicial or
administrative proceedings accordine to !ts national law.
Article III
1. If a ship does not carry a valid certificate as required by the regulations
established in accordance with this Convention, States nay deny such ship entry to their
ports or off-shore terminals, or passage through their territorial sea. If there are
reasonable grounds for believing that a ship does not carry a valid'certificate and if,(
while in the territorial sea-of a coastal State, it does not furnish information at the
request of that State, as required under the regulations, the ship shall be deemed not
to carry a valid certificate.
2. if there are reasonable e;rounds for belie-fine that a ship in the territorial sea
or internal waters of a coastal State has violated discharge regulations established in
accordance with this Convention, the coastal State may, if necessary in order to
ascertain whether the shitahas violated the regulations, order a foreign merchant ship
to stop and board it, and may take action, pursuant to article II,paragraph (3), against
such shil).
Article IV
1. If substantial pollution, which may reasonably be expected to result in major harmful
conseouences to the marine environment, has occurred on the high seas in the vicinity of
the territorial seas of coastal States, end if there are reasonable Grounds for
believing that a foreign merchant ship enecantered near the site of the pollution incident
has violated discharge regulations establisned in --eledance with this Convention, such(
States may, if necessary in order to ascertain whether the ship has violated the
regulations, order the ship to stop and board it.
2. If the inspection indicates that the ship has violated discharge regulations, a
report saall be forwarded to the flag State, which shall take appropriate action, and tp
the competent international organization.
Artic-p V
1. All possible _efforts shall be made to ensure that a ship is not unduly detained or
aelayed. For this purpose States shel3, inter alia, co-operate in the development and
implementation of reaulations and procedures to render unnecessary the stoppage or
boarding, as provided for in the above articles, of a ship proceeding en route.
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2. 1,1easures taken pursuant to the above articles must not endanger ships, interfere
with navigation or other legitimate uses of the sea, or create hazards to the marine
environment. Ships inspected on the high seas or in innocent passage through the
territorial sea must not be diverted, taken- into port or arrested. If a State is
entitled to institute judicial or administrative proceedings against a foreign ship,
such shin may avoid arrest by bonding.
3. If a State, pursuant to article III, denies a foreign ship entry to its ports or
off-,shore terminals or passage through its territorial sea, or takes any action against
such ship on account of a violation of discharge regulations, the State shall immediately
inform the consul or diplomatic representative of the flag State.
4. If a ship is unaul;r detind or etiayed, it shall be entitled to compensation for
any loss or damage suffered.
5. ileasures taken pursuant to the above articles may
among foreign ships. Resarding ships of States which
Contracting States shall apply the provisions of this
international law, in such a manner as to ensure that
fE,1:,111e trdb.ment.
discriminate neither against nor
are not Parties to this Convention,
Convention, in accordance with
such ships are not accorded more
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/c176
UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.3/L.10
6 August 1974
ORIGINAL: ENGLISH
NiSomommon.
THIRD COMITITE
Liberia: amendments to the draft articles on the enforcement of
the provisions for the protection of the marine environment
contained in document A/CONF.62/C.3/L.4.
Page 3
1. The heading of section F should be changed to read
F. Uniform judicial enforcement
2. The following new paragraph should be added under article 8:
Each port State shall undertake to ensure, by national legislation if
necessary, that its courts of competent jurisdiction may entertain actions brought
by another contracting State for the purpose of enforcing such judgements obtained
in accordance with the terms of this Convention.
264
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF TkIE SEA
THIRD COMMITiht
Distr.
LIMITED
A/CONF.62/C.3/L.18
23 August 1974
ORIGINAL: ENGLISH
NORWAY
Item 12: Preservation of the Marine Environment
Working Paper
The following is suggested as a tentative draft provision on the maintenance
of the natural state of the marine environment:
1. States shall not undertake or permit activities which may cause significant and
extensive harmful changes in the natural state of the marine environment by the
deliberate introduction thereinto or the transfer from one area to another thereof
of species alien or new thereto. If the effects of any proposed activity could give
rise to uncertainty in this respect, the State concerned shall in any event consult
with interested States and appropriate international organizations prior to
undertaking or permitting any such activity.
States shall take appropriate measures to guard against the accidental
introduction or transfer of alien or new species, and to restore the previously
existing state of the marine environment in cases where a disturbance has occurred
due to any introduction or transfer of alien or new species.
2. This article shall be without prejudice to the application of the provisions
of this Convention relating to the prevention of the pollution of the marine
environment.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.3/L.14
22 August 1974
ENGLISH
ORIGINAL: SPANISH
THIRD COKIITTEE
Note by the Chairman of the informal sessions of the Third Committee
on item 12 (Preservation of the Marine Environment) addressed to the
Chairman of the Third Committee
Mr. Chairman:
In my capacity as Chairman of the informal sessions of the Third Committee,
ized to consiler item 12 ertitled "Preaervation of the Marine Environment", I have
the honour to inform you as follows:
There were 11 plenary meetings of the informal sessions on item 12 held between
22 July and 22 August. In addition, there were 11 meetings of an informal drafting and
negotiating group open to participation by all delegations, which was established for
the purpose of working out draft articles acceptable to all delegations or to reduce the
number of alternatives in those cases where it was impossible to arrive at a single text.
I was also Chairman of that group.
The work of the informal sessions was based on all the formal proposals and informal
working papers submitted to the Committee on the Peaceful Uses of the Sea-Bed and the
Ocean Floor beyond the Limits of Natioaal Jurisdiction (see document A/9021, vol. I,
pp. 86-102 and 106-107 and see also document CEP/MP/1 and Corr.1). The informal
sessions also considered formal proposals submitted by various delegations to the Third
Committee of the Conference (A/CONF.621C.3/L.2, L.4, L.5, L.6, L.7 and L.10).
The draft articles prepared by the Sea-Bed Committee were reviewed, in accordance
with the programme aa-reed upon during the organization of the work of the informal
sessions. In the course of that review, various delegations submitted amendments,
additions or new texts. Those amendments, additions or new texts were also taken as a
basis for the work and were issued, so that they could be considered, ilva series of
informal working papers (CRP/MF Nos. 2-9, Rev.1 and 11-12, Rev.1).
In the light of the documentation mentioned above, the drafting and negotiating
group prepared and transmitted to the informal plenary sessions for considerationan
informal working paper (CRP/14P/14/Rev.1) containing new draft articles. At its ...
meeting on 22 August 1974, the informal sessiona decided to transmit to the Third
Committee the new draft articles, which were the result of the deliberations of the
informal sessions on item 12 and of the work of the drafting and negotiating group.
Mose draft:1 are contained in document A/CONF.62/C.3/L.15. Those texts to which no
resemvations have been made, may be regarded as texts approved at the level of the
informal sessions, without prejudice to the decisions on them which may be adopted by
the Third Committee.
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In connexion with the crucial item identified by the informal sessions as
"Standards, jurisdiction and enforcement", the informal sessions did not have time to
work out single text: or at least to reduce the alternatives reproduced in document
A/9021 and document CRP/MP/9 and Add.1 and Corr.l. The informal sessions agreed on the
following method of work, based on the various sources of pollution, which will be very
useful for future work (see document CRP/AP/10 and Corr.1)*.
Method of work fcr consideration of Questions relating to
standards, jurisdiction and enforcement
1. Pollution from land-based sources.
2. Marine pollution from activities concerning exploration and exploitation of the
sea-bed within the areas of national jurisdiction.
3. Marine pollution from activities concerning exploration and exploitation of the
sea-bed beyond the areas of national jurisdiction.
I. Pollution from vessels.
- flag,State
- cbastal State
- port State
5. Marine pollution from the atmosphere.
6. Pollution from dumping of wastes at sea.
- flag State .
- coastal State
- port State
7. Other sources of marine pollution.
The informal sessions could not undertake consideration of all the items contained
In the proposals formally submitted to the Sea-Bed Committee and the Conference and they
will be considered at a later stage.
I take this opportunity to reiterate the assurance of my highest consideration.
* See also document CRP/MP/13.
(Signed) Jose L. VALLARTA
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
L1M=D
A/CONF.62/C.3/L.15
22 August 1974
ORIGINAL: ENGLISH
THIRD COMITTEE
Results of consideration of proposals and amendments relating
to the preservation of the marine environment
The purpose of this paper is to present in a single document the common texts which
have resulted from the work of the Informal Sessions on Item 12 and the efforts of the
drafting and negotiating group. Additional common texts which may be prepared after
this date will he reproduced in addenda to the present document. The Informal Sessions
:T111 tl-s be able to consider the results of the work with reference to a comprehensive
single document.
A reference in parenthesis in each case indicates the basic texts and amendments
thereto, which constituted the background elements of the draft treaty articles
reproduced in this paper.
The presentation of the common texts follows the order of their consideration by
the Informal Sessions except where the dlAfting and negotiating group expressed a
different opinion on the matter.
I. Draft article on basic obli,gations (Ai;q21, p. 86, WG.2/Paper No. 3; and CRP/MP/2)
"States have the obligation to pracect and preserve the marine environment,
(in accordance with the provisions of these articles.)" 1/
II. Draft article.on the right of States to ex loft their own natural resources
(A/9021, p. 89, WG.2/Papar.No. 7 and CRP/1P/
"Nothing in this Convention shall derogate from the sovereign right of a
State to exploit its own natural resources pursuant to its environmental policies
and programmes for economic development and in accordance with its duty to protect
and preserve the marine environment." 2/
I/ The words in parentheses are to be reconsidered in the light of the suggestions
recorded in document CRP/MP/2, when the other articles dealing with item 12 have been
completed.
2/ Some delegations thought it necessary to include a provision reserving the
rights of States to exploit their own resources pursuant to their environmental policies.
Some delegations opposed the inclusion of this article in this Convention.
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III. Draft article on particular obligations (A/9021, pp.86-88, WG:2/Paper Fe. 8/Add.2,
.and CRP/MP/3, Corr.1 and Add.1) 3;
"1. "States shall take all necessary measures to prevent, reduce and control
pollution of the marine environment from any source using for this purpose the
best practicable means at their disposal and in accordance with their capabilities,
individually or jointly, as amropriate, and they shall endeavour to harmonize
their Policies in this connexion."
"2. "States shall fulfil these obligations in accordance with their national
environmental policies and their duty to protect and preserve the marine
environment." 4/
"3. (Alternative I)
"States shall take all necessary measures to ensure that activities under
their jurisdiction or control do ? not cause damage .51 to areas beyond'theinational
jurisdiction including damage 2/ to other States and their environment by pollution
of the :Marine environment."
(Alternative II)
'States shall .adopt all necessary measures requiring that activities
under their jurisdiction or control are so conducted that such activities
do not cause damage 5/ to areas beyond their national jurisdiction including'
damage 5/ to other States and their environment by pollution of the marine
environment."
(.faternative III)
. "In narticular, States shall take all necessary measures to ensure that-
marine.psliution 6/ arising from activities under their jurisdiction or control
does not spread oUtside their jurisdiction." ?
3/ Paragraph 3 of this article a.,-; it appears in document A/9021, p. 88, was
deferred for later consideration in connexion:with the Item on Standards, Jurisdiction
and Enforcement. The view was expressed that such a paragraph should be included in
this article.
'4/ It was decided to record this text here for future study. Some delegations
opposed this article.
5/ In the view of some delegations the word "damage" as used in these formulations
includes "hazard".
6/ Some delegations were of the view that a definition of marine pollution was
necessary and suggested the following definition:
"Pollution of the marine environment means: the introduction by man, directly. .
or indirectly, of substances or energy into the marine environment (including estuaries)
resulting in such deleterious effects as he,rm to living resources, hazards to human
health, hindrance to marine activities including fishing and other legitimate uSes'of
the sea, impairment of quality for use of sea water and reduction of amenities." '
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'4. The measures taken pursuant to these articles shall deal with all sources
whatsoever of pollution of the marine environment. These measures shall include,
inter alia:
'(a) those designed to minimize to the fullest possible extent 7/ 8/ the
release of toxic and harmful 9 substances, especially those which are persistent:
(i) from land-based sources;
(ii) from or through the atmosphere;
(iii) by dumping.
"(b) those designed to minimize to the fullest possible extent 7/ 8/ pollution
from vessels, 10/ in particular for preventing accidents and dealing with
emergencies, ensuring the safety of operations at sea, preventing intentional and
unintentional discharges, and regulating the design, construction, equipment,
oneration 11/ and manning of vessels;
"(c) those designed to minimize to the fullest possible extent I/ 8/ pollution
from installations and devices used in the exploration or exploitation of the
natural resources of the sea-bed and subsoil, in particular for preventing accidents
and dealing with emergencies, ensuring the safety of operations at sea, and
regulating the design, construction, equipment, operation and manning of such
installations or devices;
"(d) those designed to minimize to the fullest possible extent 7/ 8/ pollution
from all other installations and devices operating in the marine environment, in
particular for preventing accidents and dealing with emergencies, ensuring the
safety of operations at sea, and regulating the design, construction, equipment,
operation and manning of such installations or devices."
"5. In taking measures to prevent pollution of the marine environment States shall
have due regard to the legitimate uses of the marine environment, which are not
incompatible with the provisions of this Convention 12/ and shall refrain from
unjustifiable interference with such uses."
7/ It was suggested that the words "to the fullest possible extent" be deleted.
8/ It was suggested that the words "to the fullest possible extent" be removed from
subparagraphs (a), (b), (c) and (d) and inserted as appropriate in the introduction of
paragraph (4).
9/ The view was expressed that the words "toxic and harmful" be replaced by the
words 'harmful or noxious".
10/ Some delegations considered that the words "arising from their operations"
should follow the word "vessels".
11/ A view was expressed that the inclusion of the word "operation" was
inappropriate in this subparagraph.
12/ Some delegations considered that the words "which are not incompatible with the
provisions of this Convention" were not necessary. The delegation supporting the
inclusiWiTAMJEWOREdeagya220J/0440CANAARCHRUS006954740401110060001m5idered in
the Drafting Committee in the light of other provisions of this Convention as a whole.
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IV. Draft article conc.:- inF; the o 7atior not to transfer pollution from one area to
another (A/9021, p. 88, WG.2/Paper No. 9 and CRP/P/4)
"In taking measures to prevent or control marine pollution States shall
guard against the effect of merely transferring, directly or indirectly, damage
or hazard from one area to another or from one type of pollution to another."
V. Draft article on global and regional co-operation (A/9021, p. 81,
WG.2/Papers No. 10 and No. 10/Add.1 and CRP/MP/5)
(a) 13/
(b) "A State which becomes aware of cases in which the marine environment is
in imminent danger of being damaged or has been damaged by pollution
shall immediately notify other States it deems likely to be affected by
such damage, as well as the competent international organizations."
(c) "In the cases referred to in paragraph (b) above, States in the area
affected, in accordance with their capabilities, and the competent
international organizations, shall co-operate, to the extent possible,
in elimiLatic?; the effects of pollution and preventing or minimizing
the damage. Towards that end, States shall jointly promote and develop
contingency plans for responding to pollution incidents in the marine
environment."
(d) "States shall co-operate directly or through competent international
organizations for the purpose of promoting studies, undertaking
programmes of scientific research and encouraging the exchange of
information and data acquired about pollution of the marine environment.
They shall endeavour to participate actively in regional and international
programmes to acquire knowleege for the assessment of the nature and
extent of pollution and the pathways and risks of, exposures to and the
remedies for pollution."
(e) "In the light of the information and data acquired pursuant to
paragraph (d) above, States shall co-operate directly or through
competent international organizations in working out appropriate
scientific criteria for the formulation and elaboration of rules,
standards and recommended practices and procedures for the prevention
of marine pollution."
(f) 13/
VI. Draft article on technical assistance (A/9021, p. 92, WG.2/Paper No. 12; and
cRP/mp/6)
"1. States shall directly or through competent international or regional
organizations:
13/ Paragraphs (a) and (f) of this draft article, as they appear in document
A/9021, p. 91, were deferred for later consideration in connexion with the Item on
Standards, Jurisdiction and Enforcement.
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(a) promote programmes of scientific, educational, technical and other
assistance to developing countries for the preservation of the marine environment
and the prevention of marine pollution. Such assistance shall include, inter alia:
(i) training of scientific and technical personnel
(ii) facilitation of their participation in relevant international programmes;
(iii) supply of necessary equipment and facilities;
(iv) enhancing the capacity of developing countries to manufacture such
equipment;
(v) development of facilities for and advice on research, monitoring,
educational and other programmes.
(b) provide appropriate assistance, in particular to developing countries,
for the minimization of the effects of major incidents which may cause serious
pollution in the m-,.rine enviroira-nt."
"2. Developing States shall, for purposes of the prevention of marine pollution
the minimization of its effects, be granted preference in:
(a) the allocation of appropriate funds and technical assistance facilities
of international organizations, and
(b) the utilization of their specialized services."
VII. (Alternative A)
Draft article on the relevance of economic factors in considering whether States
have discharged their Obligations (A/9021, pp. 92-93,WG.2/Paper No. 11)
"In considering whether a State has discharged its obligations under this
Convention in respect of preventing, reducing and controlling marine pollution,
due regard must be paid to all relevant factors including in particular the
economic and financial ability of a State to provide the resources necessary for
the discharge of such obligations and the stage of economic development of the
State."
(Alternative B)
Draft article concerning economic factors in respect of land-based sources of
marine pollution (A/9021, pp. 92-93,140.2/Paper No. 11)
"In considering whether a State has discharged its obligations under this
Convention in respect to land-based sources of marine pollution, due regard must be
paid to all relevant factors including in particular the economic and financial
ability of a State to provide the resources necessary for the discharge of such
obligations and the stage of economic development of the State."
(Alternative C)
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.3/L.3
25 July 1974
ORIGINAL: ENGLISH
1.101111[1.1.P.M.111M rxemps"..rowavoimso"autmorramarraioro
THIRD COMMITTEE
NOTE BY THE SECRETARIAT
Attached is a report, prepared by the Secretariat of the Third United Nations
Conference on the Law of the Sea, on problems of acquisition and transfer of marine
technology. The report, which is preliminary, is intended to provide some basic
information for the use of delegations. It was prepared in compliance with a request
made in Sub-Committee III of the Committee on the Peaceful Uses of the Sea-Bed and
Ocean Floor beyond the Limits of National Jurisdiction.
c-077
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PROBLEMS OF ACQUISITION AND TRANSFER OF MARINE TECHNOLOGY
TABLE OF CONTENTS
Page_
PREFACE 3
I. INTRODUCTION 6
11. METHODS OF ACQUISITION AND TRANSFER 10
III. OBSTACLES AND PROBLEMS OF ACQUISITION AND TRANSFER 13
IV. WAYS AND MEANS TO ENHANCE THE ACQUISITION AND TRANSFER
OF MARINE TECHNOLOGY 17
A. Information needs 17
B. Measures to meet the need for expertise and equipment 17
C. Training and education 19
D. Possible action at regional and subregional level 20
E. Appropriate actions which may be taken by the United Nations 21
V. SUMMARY OF SUGGESTIONS CONTAINED IN THE PRESENT PAPER 23
Table I. Marine activities 7
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PREFACE
1. The close relationship between marine technology capability and the benefits to
be derived from marine resources and the use of the ocean space was recognized by the
Committee on the Peaceful Uses of the Sea-Bed and the Ocean Floor beyond the Limits of
National Jurisdiction (hereinafter referred to as the Sea-Bed Committee) since its
inception. Thus when it was requested by General Assembly resolution 2750 C (XXV) to
prepare "a list of subjects and issues relating to the law of the sea" to be dealt with
by the Third United Nations Conference on the Law of the Sea, the Committee included
"Development and transfer of technology in the list. Foux aspects were singled out by
the Committee for consideration:
(a) development of technological capabilities of developing countries;
(b) sharing of knowledge and technology between developed and developing countries;
(c) training of personnel from developing countries;
(d)- transfer of technology to developing countries.
2. While the Sea-Bed Committee itself did not discuss the question of transfer of
marine technology, it was the concern of both Sub-Committees I and III. In
Sub-Committee I, the question was discussed in connexion with the international regime
by its working group, which completed a second reading of the four alternative texts
on the subject 1/ at the end of its 1973 session. Sub-Committee III established a
working group in 1973 to Prepare draft treaty articles on scientific research and
transfer of technology. The group, however, did not initiate consideration of the
transfer of technology. Sub-Committee III itself held a debate on some of the, general
issues at its July/August session in 1973. 2/
3. During the discussions on this question, several representatives expressed the view
that a background paper on the subject might facilitate consideration by the
Conference. 3/ A suggestion 4/ was thus made that the Conference be provided with a
study whilh would explore and clarify some of the basic issues and would recommend
certain practical measures to promote the transfer of marine technology. The present
study represents an effort in this direction and is guided by the views expressed and
issues discussed during the Sea-Bed Committee sessions. But since only a few meetings
were held on this subject and less than 12 delegations participated in the debate, this
source of material is rather limited. 5/
1/ Report of the Sea-Bed Committee on the Peaceful Uses of the Sea-Bed and Ocean
Floor beyond the Limits of National Jurisdiction. General Assembly Official Records:
Twenty-eighth Session, Supplement No. XXI (A/9021), Vol. II, p. 62.
2../ The discussion is summarized in its report, ibid. Vol. I, pp. 82-84.
1/ See Summary Records A/AC.138/SC.III/SR.41-44.
4/ Ibid.
5/ Most of the discussions are found in summary records of A/AC.138/SC.I/SR.679
pp. 53-54 and A/AC.138/SC.III/SR.41-44, and 49.
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4. It may be recallr:d Lhac -.?:1_4e:,aeL, on:
whether the inquiry should deal with the technology associated only with activities
conducted on the sea-bed, or with activities connected with marine space as a whole;
whether scientific and researc.1 informaciun snould be included; and whether technology
transfer should relate to all countries needing such technology regardless of their
development status, even though the problems involved may be different for the developed
countries. Subsequent discussions in fact covered a very wide range of interests and
indicated a preference for a broad, general approach. 1/ Taking into account this
indication of preference and the fact that the concern of the Conference is a
comprehensive one and that the interests of the participants are very diversified, this
paper takes a broad, general view of the subject matter. While the study accords special
attention to the problems of the developing countries, it also takes into account
problems of the developed countries in this regard, since even among the latter, the
need for certain specific marine technology exists and this emphasizes the general
interests in the subject.
5. The question of 'transfer of technology" in general has received considerable
attention in recent years. At the recent sixth special session for example, the General
Assembly adopted a programme of action on the establishment of a new international
economic order, in which "transfer of technology" formed a part of the programme. In
part IV of the programme, it called for, inter alia, the promotion of international
co-operation in research and development in exploration and exploitation, conservation
and the legitimate utilization of natural resources and all sources of energy. 2/
Several United Nations organs and bodies, including UNCTAD, UNIDO and UNITAR, have
undertaken studies on the subject. Their main emphasis, however, has been placed on
methodology and guidelines, and such issues as patents, cost-benefit analysis and
restrictive business practices. For example, UNCTAD's main concern in this respect is to
bring about an improvement in contr,letual terms and conditions under which technology
in general is transferred to developing countries. 3/ UNITAR has conducted a number of
1/ See A/AC.138/SC.III/SR.41, 43 and 44.
2/ See General Assembly resolution 3202 (S-VI), Part IV. According to the programme,
all efforts should be made: (a) to formulate an international code of conduct for the
transfer of technology corresponding to needs and conditions prevalent in developing
countries, (b) to give access on improved terms to modern technology and to adapt that ?
technology to specific economic, social and ecological conditions and varying stages of
development in developing countries, (c) to expand significantly the assistance from
developed to developing countries in research and development programmes and in the
creation of suitable indigenous technology, (d) to adapt commercial practices governing
transfer of technology to the requirements of the developing countries and to prevent
abuse of the rights of sellers. k
3/ Among numerous publications of UNCTAD, the following may be cited: "Guidelines
for the study of the transfer of technology to developing countries', TD/B/AC.11/9.
United Nations, New York, 1972, (Sales No. E.72.II.D.19). "The channels and mechanisms
for the transfer of technology from developed to developing countries", TD/B/AC.11/5;
"Methodology for studying the transfer of technology, major issues arising from the
transfer of technology, progress in implementing Conference Resolution 39 (III)",
TD/B/AC.11/L.8; "Restrictive business practices, report by the UNCTAD Secretariat",
TD/B/C.2/54 and Corr.1 and Add.1 and 2 and TD/B/C.93 and Add.l.
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empirical pilot case studies on the basis of some selected countries in different
regions and in such sectors as the semiconductor, petrochemical and pharmaceutical
industries. 1/
6. Thus far, no study has been undertaken from the standpoint of "marine technology".
As will be seen, marine technology possesses characteristics of its own and raises
problems requiring separate investigation. Moreover, transfer of marine technology must
be examined in concrete terms in the light of the specific objectives intended to
achieve.
T. Several specialized agencies, e.g. IMCO, FAO, WHO and UNESCO, have dealt with
certain aspects of marine technology (aquacuture, navigation, fishing, drugs,
oceanographic research, etc.). The process of transfer is carried out largely through
such means as seminars, exchange of informat. on, training of personnel and provision of
e;:perts. Important gaps 2/ are revealed when the existing arrangements within the
United Nations system are compared with the spread of marine activities as a whole (see
Table I below) and the possible actions that may be taken to further the transfer of
marine technology.
1/ These case studies include: "Transfer of technology from Japan to developing
countries", by Terutomo Ozawa; 'International transfer of automotive technology to
developing countries", by Jack Daranson; "The transfer of technology and the factor
proportions problem: the Philippines and Meico", by. R. Hal Masoi.; "The transfer of
technology: economies of offshore assembly, he case of semi-conductor industry", by
Y. S. Chang; "The international transfer of technology in the establishment of the
petrochemical industry in developing countries", by Robert B. Stobauch; "The
international transfer of commercial technology to developing countries", by
Welter f. Chudson; "Technol3gy transfer in the pharmaceutical industry', by
Lawrence H. Watzel; "Soviet experience in transfer of technology to industrially less
developed countries", by A. N. Bykovw2Y1 M. P. Strepetova and A. V. Letenit0; UNITAR
Research Reports Nos. 7, 8, 10, 11, 12, 13, 14 and 15 respectively.
2/ See paragraphs 59-60 below.
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I. INTRODUCTION
1. The transfer of marine technology is a means of enhancing the capability of
technologically deficient countries to carry out the exploration and exploitation of
marine resources, and the uses of the ocean space. Marine technology transfer therefore
is not an abstract concept but'rather a process intended to achieve specific objectives.
The design of an effective process of trvnsfe- depends, however, on the specific
industry or activity for which technology is sought and on the existing local capability.
2. What is meant by "marine technology"? For all practical purposes, "Marine
technology" may be understood as the body of knowledge and hardware needed for the uses
Df the ocean space and for surveying and developing marine resources. In its general
sense, it includes such components as: technical information, designs, know-how,
engineering, hardware, processing technology, and management. It encompasses the
equipment and technical know-how employed in the traditional marine industries such as
naval architecture and shipbuilding, fishing or coastal development, as well as in the
lever activities of exploration and exploitation of deep sea-bed minerals and
?ydroearbons. Table I represents a general indication of the spread of activities under
-onsideration. It will be noted that no attempt is made to establish a rigid distinction
:ptween "marine", "coastal" or "estuarine" activities.
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I. Exploitation of
marine resources
II. Uses of the
ocean space
Table I Marine Activities
(A. living resources
(B. mineral resources
fisheries (e.g. fish and living
organisms of the sedentary
species) and plants
aquaculture (e.g. oysters, sea
weeds, shrimp, salmon, etc.)
extraction of drugs
deposits within bedrock (e.g.
oil, gas, sulphur, coal)
surficial and placer deposits
(e.g. sand and gravel,
phosphorite, iron ores, manganese
nodules, tin, gold, etc.)
extraction of dissolved chemicals
(e.g. salt, magnesium compounds)
desalination
(a. structures supporting an
( exploitation process (pipelines,
( storage tanks, mooring and
( loading buoys, terminals, etc.)
(b. structures which can conveniently
( locate facilities off-shore
A. off..bbore structures ,
k (artificial islands, floating
( airports, floating (nuclear)
( powei stations under sea habitat,
( etc.)
(c. structures :rossing stretches of
( water (bridges, pipelines, cables,
( tunnels, etc.)
(B. transport (a. ports
(b. tankers
(c bulk carriers
(d. conventional and container ships
(C. generation (a. tides
of energy (b. waves
(c. ocean currents
(d. thermal gradients
(a. recreation
(D. others (b. land reclamation
(c waste disposal
(d. marine research
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3. The development of marine activities requires considerable technical support, both
from the marine sectors and from a large number of non-marine technologies, for
instance:
A. Basic research in pure and applied sciences: e.g. an understanding -of fluid
mechanics is essential in designing on-:_ r nsi off-shor, structures suLject 1;,z? wave and
current forces and for the hydraulic lifting of surficial deposits; underwater acoustics
is important in the location and identification of mineral deposits and in fishing;
knowledge of corrosion processes is essential for the preservation of all metallic
objects placed in the oceans, be they ships, Jr:-shore sTructure or ar.uacA_tAre
enclosures; meteorology and hydrology are necessary for coastal area development
:,..off-shore terminals) c.:vd :;,3 on.
B. Basic technological design, development and other activities: e.g. positioning,
platforms and surveys are basic to non-living resource exploration; most marine
activities involve aspects of operation, maintenance, design and construction relating
to mechanical, electronic and civil engineering.
C. Technical hardware and manpower: the need for expertise and equipment vary
according to the activity (e.g. manganese nodule mining, aquaculture, fishing or
-.;.aipiraildiu,:), the ;Llysicad con6itions of the environnent (e.y. derth of water, nature of
sea-bed, waves, weather;, and the technical and financial capability of the users. In
general, the exploitation of a marine resource involves three main stages: prospecting,
exploration, and production, and each stage again requires different expertise and
equipment. The mining of manganese nodules serves as an example. Mining equipment
design varies according to:
(i) type of sea floor sediment and associated engineering properties;
(ii) size of nodules and variation of nodule size;
(iii) nodule concentration and variation of concentration;
(iv) nodule grade and variation of grade;
(v) average and maximum water dc)th encountered;
(vi) basic features of sea floor topography;
(vii) seasonal sea state and weather; prevailing wind and sea direction;
(viii) required ship endurance, distance from shore facilities for resupply and
crew relief;
(ix) daily production rates;
(x) ship or platform manoeuverability and navigation requirements to execute
mining plan and launch and retrieve system;
(xi) marine ecology requirements.
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4. Most marine activities have an overriding demand for power, navigation, survey and
data collection on the one hand, and for management and training on the other. A
successful operation of marine activities requires a critical mass of properly trained
manpower, both technicians and scientists, and indigenous facilities for the education
and training of supporting personnel.
5. The term "transfer of marine technology" is often subject to different
interpretations. In some instances it is used to describe the flow of scientific
information, technical assistance programmes or the training of personnel. In others,
the emphasis is on the interactions of related disciplines: e.g. aquaculture benefits
from scientific advances in fish genetics; deep-sea nodule mining benefits from
understanding the ocean mineral precipitation process. Some also refer to the transfer
of techniques from one field to another. Thus, for example, much has been said about
the applicability of space technology to ocean space: 1/ meteorologic satellites,
continuously observing global weather patterns, obtain critical forecasting data from
unpopulated oceanic regions; remote sensing satellites survey marine resources. Still
others use the term to mean the conversion of technologies developed for military
purposes to peaceful uses.
6. For the purpose of this paper, transfer of marine technology is viewed as (i) a
process of making available to the countries needing it the relevant technology for
the better use of marine resources and environment, and (ii) as a process of implanting
such technology in the recipient country. Accordingly, two aspects are involved:
acquisition of marine technology and the application of such technology by the
recipient. The aim of marine technology transfer is therefore to get a specific ocean
industry working in the recipient country, and concurrently to enable the country to
achieve a certain amount of technological autonomy in terms of skill, know-how and
trained personnel so that it can make its own technological decisions with full awareness
of what is available.
7. An important component of any programme of technology transfer is the determination
of the "appropriate technology'. Very often the most modern equipment, the most
sophisticated techniques or the most up-to-date expert are not necessarily the best
choice for the needs of some developing countries. Perhaps a simpler technology might
be more appropriate for the scale of operation envisaged or for the level of skills of
the local labour force.
1/ See, for example, J. G. Wenzel, Ocean Technology Transfer, in Proceedings,
Marine industries problems and opportunities. Marine Technology Society, Ninth Annual
Conference, 1973, pp. 141-146.
2/ See, for example, E. Clausner, Navy's undersea technology programme:Marine
Industries the Beneficiary, ibid.
, pp. 133-140.
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II. METHODS OF ACQUISITION AND TRANSFRR OF MARINE TECHNOLOGY
8. Methods of acquisition and transfer of marine technology are closely associated
with the type of capability that the recipient country desires to acquire. In some
cases, the technology being considered may be available'in a variety of forms, differing
greatly for example in the technology-capital-labour ratio. This is the case, for
example, with fishing, aquaculture or salt extraction. In other cases, such as oil and
gas production or power generation, there is much less choice of technology; the
characteristics and location of the marine resources may, to a large extent, fix the
technology which must be used. For example, depth of water, weather, distance from base
and nature of the sea-bed will primarily determine the type of technology required. Some
choices remain - as for instance in the transportation of oil and gas ashbre, whether by
pipeline or tanker.
9. Once the type of technology required is decided, three basic Methods could be used
to acquire the technology: (a) develop it locally without outside assistance;
(b) develop it locally, but with some outside help, whether in terms of information,
expertise or equipment, or (c) acquire it completely from abroad. The advantages and
disadvantages of each method are obvious: the degree of local control is in proportion
to the amount of local contribution: the greater the external contribution is, the less
is the likelihood of local control. This could further be illustrated by using some of
the variant forms of the second and third methods:
(a) develop required capability locally, making use only of freely available
information and expertise;
(b) develop it locally, using some hired expertise from abroad;
(c) purchase the necessary capabiliies in manufacturing and/or research and/or
training, then develop equipment and expertise locally;
(d) purchase or lease some equipment and expertise from abroad, develop others
locally;
(e) purchase or lease most or all of equipment and expertise from abroad;
(f) exchange a share in the resource to be exploited for equipment and
expenditure;
(g) lease rights to exploit the resources to foreign capital and technology.
10. The decision to choose any of these variants depends on a number of factors,
including the national policy, nature of the technology and the technical capability
of the-country. These considerations will be further illustrated.
11. Variants (a) to (d) would provide greater local control, whereas the employment of
variants (e) to (g) per se, which usually involve foreign investment, licensing agreement,
or co-operative ventures, would result in very little local control. Although variants
(e) to (g) may be effective ways to physically acquire equipment and know-how, some
safeguarding and phasing-out policies would be necessary to effect the transfer of the
technology and also to protect national interests. These may include the requirement of
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the supplier to utilize local material and manpower and to organize training programmes
for local staff to ensure a gradual and systematic replacement of the external personnel
in expertise, technical operation and management. The implementation of such policies
could be strengthened by gradually restricting or reducing foreign shareholding in or
profit-making from the enterprise.
12. Technology is generally bought and sold in the world market in the form of
information (e.g. designs), capital goods (e.g. equipment and machinery), or skilled
manpower, and such components are genera:1y subject to proprietary rights and are sold
under restrictive conditions. ? The more modern and sophisticated the technology - as is
the case with much marine technology a, the more likely it is that the devices and
processes are patented by individuals or corporations which are often multinational in
scope. 11 There is a high chance therefore that certain technological components will
have to be obtained by foreign investment or a co-operative venture. On the other hand,
if the recipient has partial familiarity with the specific technology required and has
the technical and industrial capability to apply it, the development can often be
promoted by using some hired ea:pertise or. purchasing or leasing some equipment from
abroad. For example, the need for shrimp processing techniques in certain Latin American
countries could probably be met by the services of technical advisers, licensing or
importation of equipments, whereas the need for flab preservation techniques in the Bay
of Bengal might require further research and the adaptation of technology which could be
applied economically in the area; in the North Sea, a capabilty in offshore structure may
be developed from a previous familiarity with onshore construction methods.
13. If it is decided that the technology required should be acdUired from abroad,
various arrangements can be made: (a) a package deal directly from a foreign supplier,
(b) separately item by item, or (c) partly by package and partly by individual
acquisition.
14. ? (a) If the establishment of an industrial project involves recently developed or
sophisticae.5: machinery and technical. know-how, as in manganese nodule mining, there is
a strong tendency that the project would entail a raekage deal involving licence
contract, equity control or majority participation. the reasons are not difficult to
find. Such technologies are likely tO be an important source of menopolistic advantage
and are the source of 'bargaining power for the. supPlier. .They may also represent a
large recent investment whichhas yet to be recouped.- Suppliers possessing such
technologies may wish to maintain a considerable measure of contra: over the operation
and large companies carrying on activities on an international scale are often anxious
to have such control. Even in some cases where the technology involved is not recent
or sophisticated, because of the lack of appropriate technical infrastructure and
managerial skill in the recipient country, the recipient may wish tO obtain a package
. deal, hoping thereby to minimize the risk of an unsuccessful operation.
15. Under this package arrangement, the foreign supplier would provide the various
elements of technology as a package and, if necessary, take upon itself to subcontract
the supply of the various elements of technical knowledge needed._
See also paragraph 27, foot-note thereto.
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16. Consider an off-shore oil drilling project for example: a foreign entrepreneur -
usually an oil company acting in the capacity of an operator - would be given the
responsibility for the whole process from geophysical survey to production, and from
obtaining the machinery and equipment to managing the new enterprise. All the technical
know-how and hardware required at every stage and phase of the project would be
provided through the foreign entrepreneur.
17. This kind of arrangement often involves investment by a foreign enterprise which
may establish in the recipient country a subsidiary or affiliate with varying degrees of
autonomy. The recipient usually has little direct control over the operation but can
become involved in the activities by requiring the foreign operator to use local
services, equipment and manpower whenever technically and economiciJly possible.
18. CO On the other hand, a marine industrial project could be established through,
for example, a public sector enterprise whicli could acquire on the most advantageous
terms the elements of technology directly from the sources of supply. Public enterprise,
as the name suggests, is designed for the maximum participation of the recipient. But
an effective arrangement presupposes both the availability of finance and an appropriate
technological capability and infras-z;ructure.
19. (c) In reality, many projects are carriel out through various forms of co-operative
ventures in which the public and private sectors of the technology supplier and the
recipient participate in varying degrees in the provision of skills, machinery, capital
and in management control. Often, some of the elements are acquired as a package and
others individually from the sources of suppiy. Thus, in -a project for coastal area
development involving construction of off-shore terminals, a consultant agent from
country "A" may be contracted tc acquire pac:zage the critical information on
bottom topography, conditions of wind, waves, tides and subsurface currents of the coast,
whereas an engineering firm from countrj "h" may be engaged to design and construct the
terminals using mostly local mnpower and materials. At the same time, the project may
use United Nations technical assistance for the training of management personnel. In
any civil engineering contract such as the example ayove, and in many other situations,
it would be common Practice for the country concerne to appoint a third party (e.g. an
overseas consultant) to act on its behalf in managing and oveme.eing the contract. This
again provides some measure of protection to a country not able to make its own
technological assessments.
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III. OBSTACLES AND PROBLEMS OF ACQUISITION AND TRANSFER
OF MARINE TECHNOLOGY
20. Although many marine activities such as fishing and transport have long histories,
further development and better application remain a priority even among the
technologically more advanced countries. Certain uses (e.g. waste disposal) have only
quite recently assumed importance, others, such as desalination are still in the
development stage, and activities such as off-shore drilling are being modified to take
them into deeper water and more extreme environments. Still others, such as deep-sea
mining, are new activities born of greater sLientific knowledge and modern technological
advances. But with very few exceptions, acti,'ities in ocean space have expanded
considerably in recent,years and the value of marine resources and uses has increased as
2 consequence. Gaps and inadequacies are not uncommon in marine technology, though the
extent of the deficiency may vary from one industry to another. 1/ The need for marine
technology also exists even among the developed countries, particularly in those more
recently emerged activities just mentioned. 2/ There is therefore a need to promote the
?levelopment of marine technology in general.
21. Since much equipment and machinery has been designed for use under certain
c)nditions, and the application of equipment and know-how is affected by the environment
'n which it is applied, it cannot be assumed that equipment which was developed in one
Irea can be effectively applied in another area without adaptation. For example, drilling
rigs and off-shore structures designed for use in the Gulf of Mexico are inappropriate
r,o operate in the hostile environment of the North Sea. It may be even less than ideal
for use in the different economic, social, technical, physical and other conditions in a
leveloping country. These factors increase the difficulties in marine technology
Transfer.
2. Marine industries, as shown here earlier, 3/ cover a very wide range of activities.
-Ca so far as transfer of the relevant technologies is concerned, different marine
:ndustries involve different problems depending on the nature and characteristics of the
industry. Generally speaking, technology requirement becomes more stringent, complex
cnd demanding as water depth increases and as the activity extends farther from shore.
Thus, deep-sea mining of manganese nodules involves far more sophisticated equipment and
chnical knowledge than near-shore sand and gravel extraction; pelagic fishing requires
larger and more advanced facilities than coastal fishing. As technology becomes more
63phisticated, the operation also becomes more capital-intensive. This is a factor which
Iiist be duly recognized in selecting marine in Lustries for development.
1/ See D. E. Kash, et. al. Energy under the Oceans; a technology assessment of
? outer continental shelf oil and as operations, University of Oklahoma Press 1973,
-p. 114-136; Wang and Cruickshank, "Technologic. gaps in exploration and exploitation
f sub-sea mineral resources', Offshore Technology Conference, Houston, 1969, pp. 85-98.
2/ See for example J. W. Pendered and R. E. Taylor, "Education for the Offshore
Lidustry in Europe", in 1974 Offshore Technology Conference, preprints Vol. 1,
). 513-521.
3/ See table I, paragraph 2 above.
,
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23. On the other hand, within each marine industry there are different approaches to
development, and different levels of technology can be applied. It is not always
possible to say which might produce the best results, though some methods are more
suitable than others in certain situations. In fish-farming, for example, completely
enclosed systems used in some countries for the cultivation of plaice are capital-
intensive and therefore most suitable for industrialized countries; on the other hand,
systems for fertilizing coastal water or for farming in lagoons or coastal waters with
simple enclosures involving only moderate investment but considerable labour may be
suitable for labour-intensive economic..
24. Certain marine activities require not only advanced technology and the expertise
of several disciplines but also large and long-term investment, with returns delayed
by several years. For example, surveys of manganese nodules require expertise in
several disciplines and the use of very sophisticated instruments to obtain accurate
records of the ship's position when photographs or samples are taken. At the production
otage, it has been reported that the construction of a commercial scale nodule mining
system and metallurgical plant could amount to more than $200 million. 1/ A self-
elevating, jack-up type of off-shore drilling platform designed to operate in water
1epths up to 250 metres under hurricane conditions would cost $US 25 million (if built
in the United States). E/ Daily coats for operating WI supporting one of the new
,lemi-submersible rigs total about $50,000. 3/
25. On the other hand, certain uss and activities such as sand dredging or construction
of off-shore terminals are comparatively speaking, lees capital-intensive and could be
achieved in many canes with an intermediate level of technology.
-16. A successful transfer presupposes that the recipient has the capability to
'etermine what is needed and to apply subsequently the technology acquired. These are
raestions of selecticn and application. So far as selection is concerned, the recipient
leeds to determne, as mentioned earlier, tie, nature and extent of its resources and,
ased on this, the kind of marine industry thac it intends to develop (e.g. off-shore
;as), to identify the priority areas :here specific technologies are needed (e.g. pipe
nstallation) and to obtain the appropriate know-how and machinery to carry out the
1/ "Sea-bed mineral resources: recent developments", progress report by the
ecretary-General, A/AC.138/90, 3 July 1973, p. 12.
2/ Ibid., p. 6.
2/ While there is no information available on the total costs involved in marine
technology transfer, a calculation relating to only two types of cost (i.e. royalties
and technical fees) puts expenditure on the 1. ?ort of technology in general by
eeveloping countries in or around 1968 at aboe, $1,500 million, a figure equal to
5 per cent of the exports of developing countries (excluding major oil exporters) and
40 per cent of their debt-servicing costs. On the same basis, it is estimated that these
ayeents_for technology alone are likely to increase by Epproximately 20 per cent per
anum during the 1,, , a gloss rate which implies annual payments of roughly
9 billion by the end of the decade. See United Nations document "Transfer of technology
eportu, UNCTAD secretariat TD/106, pares. 35-36 and statements in Sub-Committee III
I the Sea-bed Cemmittee by the representatives of Pakistan and Venezuela,
JAC.138/SC.III/SR.43.
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project. rue to the general low levels of economic activity and technological
sophisticetion and of the scarcity of skills, developing co,.ntries are often inadequately
equipped to meet these requirements. Moreover, the recipient often lacks the essential
inforwation (e.g. etate of the art and the firms and companies capable of providing the
service or equipment) upon which some of these decisions are to be based. As to
application, even when the required technology is made available, there are still
probleAs of operrtion, management and marketing to overcome.
27. In projects involving scientists from various disciplines and large-scale equipment
and machinery (as in the nodule mining industry), the freedom to seek different sources
of development assistance tends to be limited to the early stages of the project. After
feasibility studies, market surveys and the key technical decisions have been made,
little choice is left regarding the sources of technology and the know-how needed for
engineering, construction, management, operation and for marketing the output. The
outcome of the negotiations on the terms and conditions for the import of equipment and
machinery depends, to a considerable degree, on the negotiating power and the scope of
technological information available to the recipient at the initial stage of the project.
When advanced technologies, such as those for deep-sea mining, are in the hands of a
small grown of companles operating on a multinational basis, 1/ the bargaining advantage
is likely to he on 111e side of the supplier.
28. Under prer;ent market conditions, 2/ the suppliers of technology are in a strong
position to diate terns and conditions. They aim to yield high rates of return which
take he f=1 not only of profits earned on equity (if the supplier holds shares in the
recipient c7Iteri..!!ise), but also of all profits earned from sale of machinery, equipment,
spare parts and tec:Lnicel services to the recipient. The supplier can earn these high
profi;?e and yrotect his eempetitive position both by limiting the commercial freedom of
the recipient through restrictive conditions in the licence contract and by his ability
to switch from one nethea for profit collection to another with relative ease. There is
also some evidence that package deals involving proprietary processing technology have
involved restrictons on the commercial activities of the recipient and that these
restricl-dons ,re been used to maintain high prices for intermediate goods and
component i,
29. Mere is also the problem of markets. Consider mineral production as an example.
In the majority oC divel-oping countries, the internal market for key minerals produced
1/ These ircluee, for example, Summa Corporation (ex-Hughes Tool Corp.), Kennecott
Copper Corporation, Deepsea Ventures Inc. (an affiliate of Tenneco), International
Nickel Corporation, Sumitomo Group/MITI, West German Arbeitsgemeinschaft Meerestech-
.
nischewinnbare Rohstoffe (AMR), Centre National pour l'exploitation des oceans (CNEXO)
and Societe de Nickel of France. For their recent activities see Economic Implications
of Sea-lie Mineral Development in the International pecn. report of the Secretary-
General, -4i75iF.62/25, 22 May 19.Pp. 12-22.
2/ This part is based on Guidelines for the study of the transfer of technology
to developing eouptrie, TD/B/AC.11/9, United Nations, New York, 1972 (Sales No.
E.7-2.II.D.19i, chapter I, pp. 6-8.
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domestically thus far is very limited. Efficient exploitation requires ready access
to export markets. Export markets, however, are often dominated by large, vertically
integrated enterprises which control the production of the minerals. Dependence on
foreign technology, investment and export markets is not unique to developing countries;
certain developed countries are faced uith the same problem. However, since in the
case of developing countries, the flow of technology is usually one way, the limitations
of the market mechanism are compounded.
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IV. WAYS AND MEANS TO ENHANCE TRANSFER OF MARINE TECHNOLOGY
30. A spectrum of measures may be suggested for the purpose of promoting the transfer
of marine technology. They are by no means exhaustive. These measures deal
specifically with information needs and with problems related to the demand for
expertise, equipment, training and education. They can be implemented individually or
jointly, and at different levels - nationally, regionally and internationally, through
the United Nations system. Measures which are particularly suitable for action at the
r*fional, subregional or international levels are further elaborated at the end of
Ulla section.
A. Information needs
31. While there is an immense amount of scientific and technical data and information
relevant to marine technologies, there is a need to prepare a user's guide to the many
marine science and technology information services already in operation. Such a guide
could also provide information on research and training institutions and the
availability of consultancy services and on manufacturing firms, service organizations,
engineering firms, construction companies, drilling companies, equipment lease and
rental firms and the like. A collection of this information would facilitate the
acquisition of the basic knowledge upon which some fundamental decisions must be made,
and would also presumably help in negotiating processes, possibly leading to a more
favourable recipient basis for transfers.
32. In addition, such a guide would reveal what special data are needed and in what
areas, the mere publication of which could boost the necessary action required.
B. nRsu_s2E2_ to meet tiwneed for certised anequipment
33. Consideration should be given at two levels: those activities which require a high
level of marine technology; and those areas where less sophisticated expertise,
machinery and equipment suffice.
34. Perhaps with the exception of sand and gravel dredging, activities involving
mineral resources exploitation generally require a high or a very high level of
technology, specialized personnel (e.g. marine geologists, drilling experts and
mechanical engineers), heavy equipment and machinery, and a large financial investment.
An effective way to acquire the technological know-how is of course actually to develop
such industries by the country itself, but the time scale of this would depend upon the
state of existing technology in the country. For many developing countries, a possible
way to meet the technological and financial requirements on a more reasonable time scale
might be to obtain external assistance. While many forms of such assistance may be
envisaged, co-operative ventures with foreign entrepreneurs may be mentioned here.
35. Co-operative ventures with foreign entrepreneurs could provide the host country
on the one hand with an opportunity for direct participation in resource exploitation
and on the other, with the required technological know-how, machinery and capital.
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36. Since, as mention ee earlier, n eecontrolled foreign participation and investment
in local enterprises can have harmful effects on national economy, it is clearly
desirable to consider implementation of effective control measures at the same time.
To some extent the6e ileasures could take the form of setting limits on foreign
hc1ing 9i13,Y^ "eeie:e " reeece::ee t-, eonditions under
vhich external enternrises are allowed to operate Suan regulatory measures would be
meintained ensure that foreign enterprises would serve the national economy and
interests.
37. While external participatice and investment mey appear to be an effective means
for mobilizing technology ane finance, it does not nece3sarily follow. that the technology
is automatically trannferred to the not country. Measures for realizing the actual
transfer to the nost country that ie, tts hmplahtat-Lon - must be taken. One
possibility ir te provide ar. effective bnidt-in mechanism in the co-operative
arrangement. This may include the ohliation of foreign entrepreneurs to organize
programmes for training host courtre staff to become competert tec a1 and manageria
personnel, a g-radual and eyetematie replacement of the foreign entrepreneurs' personnel
by indigenous staff, arid, a greduel reduction in the shares held by external participants.
These aad other measeees eould bt inrodueed tc snsure and encreare participation of
developing countries en the eonceptiee, construction, orgenization and management of
the enterpriseE.
38. In saue caees, efferts co speed np the transfer cf technology te the recipient may
not result in the maximum iiect financial benefit from the resource exploitation to
the countev eonrereed. Mexe affective transfer may result from a slower development or
from the une e: lese sopniseicatee and cneaper technology. In general, a trade-off
exists betweee the speee of reeoarce exploitation and the effective transfer of marine
technology
39. As to the instiewjenal aspects ef the veetereeme possible approach might be to
establish a corporation beereer tne ho onetry, whieh may be represented by a national
company, and ene or several foreiee en;repreteura. Tee host country would permit the
company to exploit.the resources and would hold a half or a majority share in the
venture, The remnining tart woeld 3e granted to the foeeign entrepreneurs in return
for their contribution of technelogy, investment and nanagement.
40. Co-operative veutures eey picw. useful for reglonal undertaxings, particularly in
circumstances where the minerel reset.ces are linked by contiguity or other ties.
Participants. in the joint operation could include not only national ard'international
agencies but also public levelopment corporations and private. -- Shares Would
be held by partinieants in proportion to the degree of their involvement or aCcording
to some other criteria agreed upon among the parties. During the recent Sixth SpeCial
Session of the General aisembly, several delegates commended this approach and pointed
out specifically tseet thi; te0.ique ceu:d be beneficial in regard to the interchange
of relevant technelepen. r
1/ Parmaaphs 9-I., above.
_elf See, rem examele, hiev 222, A/74.2211, pp. ce,
. ? ?
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4l,a While these and other forms of co-operative ventures at national or regional level
may prove Useful instruments, careful study is needed to determine the terms and
conditions under which a co-operative venture could work best for the economy and further
transfer of marine technology.
42. The formulation of appropriate policies to encourage foreign participation and
investment.in'the priority sectors where technical know-how and machinery are needed
can certainly influence the investment decisions of foreign entrepreneurs. This purpose
could be facilitated by establishing a list Of 'foreign firms and companies specialized
in the types of technical information or engineering hardware that Are needed.
Governments may consciously encourage negotiations aimed at obtaining foreign technology
in those sectors. Foreign investment or co-operative ventures in priority sectors could
also be given special consideration Or favourable treatment. For example, special
incentives such as tax exemption, investment allowances and the like may be considered.
Adequate safeguards and allowances on the proportion of net sale or total output which
can be paid in royalties and licence fees are also attractions to foreign suppliers.
43. Turning now to those areas where less sophisticated and less expensive machinery
and equipment should be developed, $0m6 illustrative examples are: processing, handling
and preservation of fish and other marineTef].ou, and-ca074i-!al'monitoring
techniques for aquaculture; construction of boats and simple marine structures; small
engines for fishing boats and ferries; sand and gravel dredging and the exploitation of
other beaCh.mineral?deposits new techniques in fishing or seaweed harvesting; local
waste treatme schemes:to prevent damage to tourism and living marine resources;
recovery Of salt and other chemicals; and desalination, possibly using solar stills.
44. A detailed description of equipment and machinery needs arising from these specific
uses of the sea could he prepared for the informatiOn'ef users.' Such a Study should
give special attention to a range of Valuable intermediate technologies and to situations
in which comparatively simple and inexpensive 64uipment and machinery could increase
efficiency.
C. Training and education
45. Although there is a felt need in developing countries for training and education in
marine science and technology, the areas of special training needed in marine technology
should be identified and investigated. A list of priorities should be established.
The United Nations, the specialized agencies and other education and training
establishments throughout the world could then be encouraged to offer courses to meet
identified needs.
46. It seems equally important that the coverage of existing courses in this field
should be catalogued, firstly, to avoid duplication of effort and secondly, to give
developing countries the information on where best to send their students for overseas
training. This should perhaps form an important section of the 'user's guide". 1/
1/ See paragraph 31 above.
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47. Since at present marine technology firms and organizations already accept students
--I ' - 2. -i7't
be made for acceptin6 trainees from developing countries. The United Nations could
disseminate details of such organizations and training programmes.
46. During the Sea-Bc- Committee's discussions, a number of countries Li already
indicated their readiness to expand education and training programmes in marine science
and technology. Such programmes might be urganizol by and administere3 through the
United Nations and the specialized agencies, if it is so desired.
D. Possible action at regional and -;abregion%1 level
49. Certain more specific measures
co-operative ventures) have already
expertise, equipment and machinery.
action which may be envisaged.
which may be taken at the regional level (e.g.
been mentioned in connexion with the need for
Here are certain illustrative examples of possible
50. The feasibility of any regional or subregion:al-action presupposes a viable or
"co-operative political atmosphere. within a region and common understanding of the
problem. The possibility of establishing regional marine technology institutes may be
explored. _V Such institutes could utilize the combined resources and capability of
the region to build up appropriate equipment and machinery; to establish education and
training facilities to meet the needs in marine activities (e.g. regional maps and a
data bank covering all information relating to the geology and mineral potential of
coastal and continental margins) and to support a marine technology programme (e.g.
coastal area development) in the interests of the participants. In this way, the common
requirements of a group of co-operating countries in various scientific and technical
areas could be met much more efficiently than if each country tried to establish a
marine capability in every subject of interest. Also, in this way, countries could
utilize the institute for specific project: of national concern.
51. A number of other forms of regional co-operation may also be explored. For example,
countries in a region may establish a common objective in marine resource exploitation
(e.g. oil production) and draw up a stage-by-stage implementation plan. As a
first stage, each would specialize in one or a number of chosen areas (e.g. divers,
geologists, petroleum engineers, drilling technologists or biologists). The pooling of
the expertise from the partiLipants wuuld constitute a nucleus for joint action.
52. Another possibility would be to promote mutual assistance and to utilize expertise
which can first be found within the region. Thus, it might be possible in Latin America,
for example, for a neighbouring country which desires to develop its capability in
seismology to request assistance from Colombia, which is known already to have a
well-developed seismology programme, instead of engaging an expert from outside the
region who may not be familiar with Latin American areas and the technical and scientific
resources of that region.
1/ r,-?cords, A/AC.1/SC_III/SR.42.
2/ During the discussion held at the Sea-Bed Committee, such a view was expressed
by several delegates (..7e.e A/AC.138/SC.III/SR,49).
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53. As mentioned before, regional cl:r si,bregicna: action may prove useful particularly
ih circIrTstances where the resources are linked by contiguity. Coastal area
development 1/ is another example possessing such characteristics and is conduciveto
action at a regional level, given the necessary elements.of political support and common
interests.
E. Appropriate actions which may be taken by the United Nations
54. Although certain aspects of marine technology fall within the regular activities- of
several specialized agencies, the scope of the activities is still very limited. Many
new areas of. marine resource exploitation and uses of ocean space remain outside the
present framework. A detailed account of the activities and terms of reference of all
United Nations bodies concerned from the standpoint of transfer of marine technology is
needed. Such an account would reveal gaps and inadequacies in the existing arrangements
so that appropriate action COuld be contemplated. 2/
55. On the basis of a preliminary evaluation of the present activities in the United
Nations system alone, the following areas may be singled out to illustrate present needs.
56. Realistic and well-designed plans to develop and operate a capability in a marine
activity for which demand can be demonstrated would be likely to attract investment
capital in any country, developed or developing. The United Nations And its specialized
agencies can help in formulating 'such plans.
57. There are obvious needs for expert services to discover and inventory the marine
resources and their market, and for data services in obtaining, selecting and evaluating
the mass of data of possible relevance to development of marine technology capabilities.
Services of this kind are of general interest and are beneficial to many interested
countries. They are, however, economically high risk activities, 3/ which might
otherwise not be carried out.
1/ Mention may be made of resolution 1802 (LV) of the Economic and Social Council
which, in part II, requested the Secretary-General to prepare a comprehensive
interdisciplinary study to identify and review the problems of coastal area development
and to make proposals for possible appropriate action at the regional and subregional
levels.
2./ In part I of Economic and Social Council resolution 1802 (LV) of 7 August 1973,
the Secretary-General was requested to include in his report on the uses of the sea
a survey of the existing arrangements in the United Nations system for making available
to interested countries, particularly the developing countries, information on advances
in technology and the transfer of such technology to them. The report is to be
submitted to the fifty-ninth session of the Council in 1975. It would appear that the
information requested by the Council could also be useful for the consideration of the
Conference.
3/ Although initial survey for some marine resources need not be very expensive,
particularly if expertise is available locally, the cost of proving a reserve may be
great - as much as 10 per cent of the total cost of extracting the resource.
/...
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58. The preparation of a user's guide on Marine Technology may provide a useful working
tool and could also meet the special needs fnr information and knowledge regarding
services, equipment, machinery and techniques mentioned earlier. Such a guide would be
designed primarily for policy-makers and managerial personnel in the developing countries
who are involved in the uses of marine resources and ocean space. It could provide
a stage-by-stage description of the alternative methods and technological requirements ,
in establishing a marine activity (e.g. oil, gas, nodules, fishing, agriculture, shipping
and so on). Sources of supply of the various technologies, equipment and services,
0 and economic considerations such as cost and benefit and market situations could also be
included.
59. A preliminary survey indicates that there is sufficient information readily
available for preparing a marine technology guide outlined above. The United Nations
and its specialized agencies could be given sections (e.g. fisheries, shipping, and
drugs) of the guide according to their expertise and competence. In fact, several
specialized agencies have already prepared studies of similar kind in the conduct of
their regular activities: thus, for example, FAO for fishing technology; IMCO for use
and testing of zea?borne navigr.tion equipment; WO for drugs fraa marine organisms;
IAEA for safety evaluation of nuclear merchant ships; UNESCO for marine data inventory.
60. But, on the other hand, initiatives have yet to be taken regarding such marine
activities as off nore oil and gas, deep sea mining salvage, off.-shore structure,
land reclamation, extracting dissolved chemicals, recreation, undersea habitats and
sand and gravel dredging. Action in these areas would fill important gaps in the
dissemination of knowledge of and application of marine technology.
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V. SUMMARY OF SUGGESTIONS CONTAINED IN THE PRESENT PAPER
61. The summary given below covers the principal suggestions made in this paper
coacerning possible action for enhancing the transfer of marine technology. At
the present rather elementary stage of development of study of this subject, these
suggestions are obviously bound to be of an exploratory and illustrative nature.
/...
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I. Information needn: a descr!ptive introduction of the kind of services, products etc.
available from consultancy services, manufacturing firms, service organizations,
engineering firms, construction companies, drilling companies, equipment
lease and rental firms.
II. Needs for expertise and equipmert:
(i) For activities requiring a high level of marine technology and large
investment 1/ the feasibility of establishing co-operative ventures be
further examined; to propose terms and conditions under which such a
venture would best work for national economy and further transfer of marine
technology; to elaborate methods for the implantation of marine technology
in recipient countries.
(ii) For activities requiring less sophisticated and less expensive machinery-
and equipment '1/ preparation of technical guide-books describing in detail
equipment and machinery needs, paying special attention to a range of
valuable intermediate technologies and to situations in which comparatively
simple and inexpensive equipment and machinery could increase efficiency.
III. Training and education:
(i) Identification and investigation of training needs in developing countries;
United Nations, specialized agencies and other education and training
establishments be encouraged to offer courses to meet the needs.
(ii) Promotion of training programmes given by marine technology firms and
organizations7 United Nations to disseminate details of such available
programmes.
IV. Possible action at regional and subrefionaL level:
(i) Exchange of information relating to marine technology.
(ii) Setting up regional marine technology institutes.
(iii) Regional co-operative action: drawing up common objectives (e.g. off-shore
oil production) and each participant to specialize in one or a number of
chosen areas (e.g. divers, geologists, petroleum engineers, drilling
technologists); pooling specialization for the implementation of the
common objective.
(iv) Mutual assistance and utilization of expertise in the region.
1/ The division is made on a comparative basis and is therefore relative.
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V. Possiole United Nations action:
(i)
Preparation of user's guide on marine technology for policy-makers and
managerial personnel; providing stage-by-stage description of alternative
methods and technological requirements regarding such activities as oil
and gas, deep-sea mining, salvage, off shore structure, lanU reclamation,
extracting dissolved chemicals, desalination, recreation, etc.
(ii) A detailed account of activities and terms of reference of all United Nations
bodies concerned from the standpoint of transfer of marine technology.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.3/L.8
1 August 1974
ORIGINAL: ENGLISH
THIRD COMMIrit2.
NIGERIA: DRAFT ARTICLES ON THE DEVELOPMENT AND
TRANSFER OF TECHNOLOGY
Article 1
1. To insure adequate and equitable transfer of technology in accordance with
the concept of the COMMAU heritage of mankind in the ocean space, States with the
capacity for marine scientific research shall always and at all levels associate with
personnel of developing countries.
Article 2
1. Regional Scientific Research Centres shall be established, as suborgans of
the International Sea-Bed Authority, in the developing countries.
2. The functions of such Regional Scientific Research Centres shall include:
(a) advanced training and education on all aspects of marine scientific research,
particularly marine biology, oceanography, cartography, sea-bed mining, engineering
and mineralogy;
(b) advanced management studies; and
(c) prompt publication of results of marine scientific research in readily
available journals.
Article 3
1. The International Sea-Bed Authority shall ensure that adequate provisions
are made in its exploration and exploitation licences and contracts with States and
nationals of other States whether natural or juridical, for enterprises granted
exploration and exploitation rights under such licences and contracts, to take on as
members of their staff under training, nationals of developing countries whether coastal;
land-locked or otherwise geographically disadvantaged.
2. The International Sea-Bed Authority shall make available to any country on
request, blueprints and patents of plants and machinery used in the exploration and
exploitation of the international area.
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3. The International Sea-Bed Authority shall obtain from any State to which
it has granted the rights of exploration and exploitation of the sea-bed under licences
or contracts on payment of reasonable fees or premiums, blueprints and patents of the
plants and machinery used by such States or their nationals in the exploration and
exploitation of the sea-bed and ocean floor beyond the limits of national jurisdiction.
it. The International Sea-Bed Authority, shall ensure that adequate provisions are
made by it to facilitate the acquisition by any developing State or its nationals of the
necessary skills and "kn6w-how" in any undertaking by the Authority of enterprises
for exploration and exploitation of the sea-bed and ocean floor beyond the limits of
national jurisdiction.
? Article 4
1. All States are under a duty to co-operate actively with the International
Sea-Bed Authority to facilitate the transfer of skills in marine scientific research
and technology to developing States and their nationals.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/OONF.62/C.3/1.12
22 August 1974
ORIGINAL: ENGLISH
THIRD COMvilTrEE
Brazil, Ecuador, Egypt, Iran, Mexico, Morocco, Nigeria, Oman,
Pakistan, Peru, Senegal, Somalia, Sri Lanka Trinidad and
Tobago, Tunisia, Uruguay, Venezuela and Yugoslavia: draft
articles on the development and transfer of technology
Article 1
1. All States shall actively promote the development of the scientific and
technological capacity of developing States with regard to the exploration, exploitation,
conservation and management of marine resources, the preservation of the marine
environment and the legitimate uses of ocean space, with a view to accelerating their
social and economic development.
2. To this end, States shall, inter alia, either directly or through appropriate
international organizations:
(a) promote the acquisition, development and dissemination of marine scientific
and technological knowledge:
(b) facilitate the transfer of technology, including know-how and patented and
non-patented technology;
(c)
promote the development of human resources and the training of personnel,
(d) facilitate access to scientific and technological information and data
(e) promote international co-operation at all levels, particularly at the
regional, subregional and bilateral levels.
3. In order to achieve the above-mentioned objectives and taking into account the
interests, special needs and conditions of developing States, States shall inter alia:
(a) establish programmes of technical assistance for the effective transfer of
all kinds of marine technology to developing States;
(b)
equitable
conclude agreements, contracts and other similar arrangements, under
reasanable conditions
(c) bold conferences, meetings and seminars on appropriate scientific and
technological subjects;
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(d) promote the exchange of scientists, technologists and other experts
(e) undertake projects, including joint-ventures, mixed enterprises and other
forms of bilateral and multilateral co-ooeration.
Article 2
1. All States are under a duty to co-operate actively with the rAuthority " to
encourage and facilitate the transfer of skills in marine scientific activities and
related technology to developing States and their nationals.
Article 3
The 'Authority"' shall, within its Competence, ensure:
(ii that adequate provisions are made in its legal arrangements with juridical
and natural persons engaged in marine scientific activities, the exploration of the
int=ational Area, the e=loitation of its resources and related activities to take
on under training as members of the managerial, scientific and technical staff
constituted for these purposes, nationals of developing States whether .coastal,
land-locked or otherwise geographically, disadvantaged, on an equitable geographical
distribution.
(2) that all blueprints and patents of the equipment, machinery, devices and
rrocesses used in the exploration of the international Area, the exploitation of its
resources and related activities be ;Dade available to all developing States upon
reauese.
(3) that adeauate provisions are made by it to facilitate the acquisition by any
develoeing State, or its nationals, of the necessary skills and know-how including
professional training in any undertaking by the Authority for exploration of the
international :_rea, exoloitation of its resources and related activities.
- (4) that a Special Fund is established to assist developing States in the
acquisition of necessary equipment, processes, plant and other technical know-how
required for the exploration and exploitation of their marine resources. -
Article 4
1. States shall promote the establishment in developing States of regional marine
scientific and technological research centres, in co-ordination with the Authority,
international organizations and national marine scientific and technological
institutions.
2. The functions of such Regional Scientific and Technological Research Centres
shall include, inter alia:
.(a) training and educational programmes at all levels on various aspects of
marine scientific and technological research, particularly marine biology, including
conservation and management of living resources, oceanography, hydrography,
engineering, geology, .sea-bed mining and desalination technologies;
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(b) management studies;
(c) study programmes related to the preservation of the marine environment and
the control of pollution;
(d) organization of regional seminars, conferences and symposia.
(e) acquisition and processing of marine scientific and technological data and
information, in order to serve as regional data centres;
(f) prompt dissemination of results of marine scientific and technological
research in readily available publications;
(g) serving as a repository of marine technologies for the States of the region
covering both patented and non-patented technologies and know-how; and
(h) technical assistance to the countries of the region.
_1(r)
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UNITED NATIONS
THIRD CONFERENCE
9N THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.3/L.9
5 August 1974
ORIGINAL: ENGLISH
THIRD COMMITTEE
Trinidad and Tobago: draft articles on marine scientific research
DEFINITION AND OBJECTIVES
Nature and Characteristics
Article I
(a) Marine Scientific Research is any study or investigation of the marine
environment and experiments related thereto.
(b) Marine Scientific Research is of such a nature as to preclude any clear
or precise distinction between pure scientific research and industrial or other
research conducted with a view to commercial exploitation or military use.
(c) Such research shall be conducted for the benefit of mankind by means not
harmful to the marine environment.
REGIME FOR SCIENTIFIC RESEARCH IN THE TERRITORIAL SEA
Article II
Marine Scientific Research in the territorial sea shallonly be conducted with
the prior approval of the coastal State and in accordance with its laws and regulations.
Article III
The exercise of innocent passage in the territorial sea of a coastal State does
not confer on States in the course of such passage the right to undertake marine
scientific research.
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REGIME FOR SCUTTIFIC 14:SEARCH TN THE ECONOMIC
ZONE/PATRIMONIAL hEA hflT CONTMENTAL SHELF
-it
Narine Zcien!Afic nesearcl ir the txr1,L1ve ceonomic zone/patrimonial sea and on
the continental shelf shall be eon4u('i0 )nlv with the 'prior authorization of the
coastal State anc iubjeci, to the Teglovine minimum requirementn. The coastal State
shall have the right:
Cu) To conduct ant." reeulete ecientirie research or inveotigation and to
Participate or bt renret:entee in any preerarne of research whirt ir. audlorizes.
(h) To receiv_ informetLon eenarding the nature anf: objectives, geographical
areas and peoposed dates of nuch resear0), as well as the name of the sponsoring
organization or institution.
(c) To obtain the results of such research, including copies of raw data,
and to share with the researchidg Ftete any specimens or records obtained. Where
such specimeno cannct be duplicated the originalo shall remain the property of the
ccastal State.
(d) To require that the results of all scientific research shall be published
only with the consent of the coantal State, such consent or refusal being given
within a reasonable time.
mAqTNE SrlITTIFIC RESEARCH It! THE INTERNATIONAL ZONE 1/
Article V
Marine Feientific nesearch in the Tnteruational Arca shall be conducted directly
by the International Authority snd, if appropriate, by persons, juridical or 'physical,
through service contracts or associations, or through any other such means which
may be determined by the International Authority and which shall ensure its direct
and effective control at all times over such research
lj This article has been co-sponsored by 19 States: Bangladesh, Brazil,
China, Guyana, Indonesia, Iran, Kenya, Kuwait, Madagascar, Pakistan, Peru, Philippines,
Senegal, Sierra Leone, Somalia, Trinidad and Tobago, Tunisia, Yugoslavia, 7,aire
(see CRP/5c.Res./8/Rev.1).
304
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.3/L.13
22 August 1974
ORIGINAL: ENGLISH
THIRD COI:I-MIT TEE
Colomb: draft al:?ticiee on narine scientific research 1/
Item 2 (a) - Right to undertal0 marine scientific research
1. Costa! States have the exclusive right to conduct and regulate marine scientific
research in their (..,)* arid to authorize,and.regulate such research as provided for in
artitle .e.
r...30.31.ch in the international area** shall be conducted directly
te International Authority and, if appropriate, by persons, juridical or physical,
through service contracts or associations or through any other such means as the
.:nteraational Authority may determine, which shall ensure its direct and effective
coetrol et all times over such research.
1-r1 2-(b) - Consent, participation .andeobligations of the coastal State
e. Marine scientific research in the (...)* of a coastal State shall not be conducted
without, the e=licit consent of that State.
2. States and atreropriate international and regional organizations, as well as persons,
juridical and physical, seeking consent of the coastal State to conduct marine scientific
research in the area referred to in paragraph I shall, inter alia:
A decision on the precise terms to be used here, such as economic zone,
patrimonial sea, national 'sea area under national jurisdiction and/or sovereignty, and
continental shelf, and which do not refer to the international area, shall be adopted
:e the light of the decisions on the definition and nature of those terms in the
Second Committee.
** The international area referred to in this paragraph is the area with which the
FL-st Committee. is concerned. With regard to the remaining international area, the
atter will be discussed at a later stage.
1/ The delegate of Colombia, as the Chairman of the Group of 77, while presenting
thio Aocument, would like to point out that it represents the consensus of the Group of 77
theAhird Committee, without committing the final position of members of the Group.
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(1) undertake to conduct the research
(2) disclose the nature and objective
I.:zed, including satellites and ODAS;
(3) indicate the precise geographical
research are to be conducted;
lY1
exclusively for peaceful purposes;
of the research, as well as the means to be
area in which the activities concerning such
state the proposed date for commencement of the activities and the period for
completing the project;
(5) give full information and particulars regarding the sponsoring institution, if
any, the scientific staff, and the vessels, equipment and other means to be employed,
such as ODAB and remote sensing devices operating in the atmosphere or beyond;
(6) provide the coastal State with a detailed description of the research project
-.4-hich shall be kept up to date;
('I) include aetive participaticd or representation of the coastal State, if it so
,ie-_sires, in all stages of the research project;
(8) undertake to supply on time all raw and processed data, including the final
evaluations and conclusons and samples to the coastal- State;
Y;;) assist the coastal State in assessing the implications of the said data and
s=les and the results thereof in such a manner as that State may request;
(10) undertake that results of scientific research shall not be published without
the explicit consent of the coastal State: and
(11) undertake to comply with all applicable environmental standards and
regulations of the coastal State, as well as international standards established or to
be rstabli..,te-jL by (iLsert name 07 names of appropriate organizations).
3. The coastal State shall have the right to supervise marine scientific research
activitiec undertaken in the area _referred to in paragraph 1 and suspend or terminate
them if that State finds that these activities are not being carried out for the
declared objective or purpose of the research or are not being carried out in
accordance with the provisions of these. articles.
4. (Participation of developing land-locked States and developing geographically
disadvantaged States:
On this question, proposals were submitted by the delegations of Singapore, India,
1;eru and Lesotho and an amendment was submitted by the delegation of Iran to the
oropasal of Singapore. These proposals, which due to lack of time could not be
considered at this session, have been given to the Chairman of the Group of 77 for
e:1-culation within the Groun, with a decision by the Group that they will be considered
at the next session of the Conference or, in case of an intersessional meeting of the
Group, at such meeting.)
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5. The exercise of innocent passage and navigation does not confer on States,
international organizations or other juridical or natural persons the right to
undertake marine scientific research.
?
THIRD COMMITTEE
UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.3/L.13/C0rr.1 --
214 August 1974
ORIGINAL: ENGLISH
Colombia: draft articles on marine scientific research
Corrigendum
Foot-note,* second line,
For national sea area read national sea or area
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
THIRD COMMITTEE
Distr.
LIMITED
A/CONF.62/C.3/L.19
23 August 1974
ORIGINAL: ENGLISH
Austria, Belgium, Bolivia, Botswana, Denmark. Germany, Federal
Republic of, Laos, Lesotho, Liberia, Lu_...lbourg, Nepal,
Netherlands, Paraguay, Singapore, Uganda, Upper Volta and Zambia:
draft articles.on marine scientific research
Note: These draft articles do not necessarily represent the final position
of the sponsors on individual articles or on the draft as a whole. Sponsorship
does not prejudice their position on previous or future draft proposals.
Article 1
"Marine scientific research" means any study of and related experimental work in
the marine environment, excluding industrial exploration and other activities aimed
directly at the exploitation of marine resources, designed to increase man's knowledge
an?. ecnducted for peaceful purpcses.
Article 2
All States, whether coastal or land-locked, as well as appropriate international
orE,anizationE, have the right to conduct narine scientific research subject to the
provisions of is Convention
Article 3
Marine scientific rescarc:1 rthcll be conducted with due regard to other legitimate
uses of the sea and it shall nct be subject to undue interference caused by such
other uses.
Lrticle 4
Marine scientific research shall be conducted in conformity with those provisions
of this Convention and other rules of international law concerning the preservation
of the marine environment.
Article 5
Marine scientific research within the territorial sea established in accordance
this Convention,pay be conducted only with the consent of the coastal State.
F:csuests for such consent hall be submitted to the coastal State well in advance and
=;wered without undue delay.
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Article 6
1. Marine scientific research beyond the territorial sea, in areas where a coastal
State enjoys certain rights over resources in accordance with-this Convention, shall
be conducted by States as well as by appropriate international organizations in such
a manner that these rights of coastal States are respected, for which purpose the
coastal State shall:
(a) be given at least ... months- advance notification of the proposed
research project;
(b) be given as soon as possible a detailed description of the research
project, including objectives, methods and instrumentation, locations and time
schedule, and information on the research institution concerned and on the
scientific staff to, be employed;
(c) be promptly informed of any major changes with regard to the description
of ti-a proposed r,.search project;
(d) have the right to participate directly or indirectly in the research project;
(e) have access to all data and'samples
project and be provided, at its request, with
(f). be given assitance, at its request,
of the research project.
obtained in the course Of the research
duplicable data and divisible samples;
in the interpretation of the results
2. States and appropriate international organizations conducting marine scientific
research in the areas referred to in paragraph 1 above shall take due account of the
legitimate interests and rights of the neighbouring land-locked and other
geographically disadvantaged States of the region, as provided for in this Convention,
and shall notify these States of the proposed research project, as well as provide, at
their request, relevant information and assitance as specified in paragraph 1 (b), (c)
and (f) above. Such neighbouring land-locked and other geographically disadvantaged
States shall be offered,' at their request, where research facilities permit, the
opportunity to participate in the proposed research project.
3. States and appropriate international organizations engaged in the conduct of
marine scientific research shall ensure that the research results are published
as soon as poesible in readily available scientific publications and that copies of
such publications are supplied directly to the coastal State and to neighbouring
land-locked and other geographically disadvantaged States.
L. Deep drilling or the use of explosives for the purpose of marine scientific
research likely to affect the sea-bed or its subsoil may be conducted only with the
consent of the coastal State. Requests for such consent shall be submitted to the
coastal State well in advance and answered without undue delay. -
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5. Disputes concerning the interpretation or application of this article shall, at
the request of any party to such dispute, be settled in accordance with the procedures
sat out in the relevant articles of this ConveAtion.
Article 7
M.,...rine scientific research beyond the areas specified in articles 5 and 6 above
may be carried out by all States, whether coastal or land-locked, and by appropriate
international organizations.
Article 8
1. States shall, on the basis of mutual respect for sovereignty and mutual benefit,
promote international co-operation in marine scientific research.
2. States shall co-operate with one another through the conclusion of bilateral and
7:ultilatera1 agreements to ensure favourable conditions for the conduct of marine
_cientific research for peaceful purposes, the removal of obstacles to such research
-74th co-o-';natin of e:To,.'s by ci tt in stuaying the phenomena and processes
cc:ur:-..ing in the mPirine environment.
States shall individually and in co-operation with other States and with appropriate
international organizations actively promote the flow of scientific data and information,
1-1L transfer of experience gained from marine scientific research to developing and
''..:1d-locked countries and the strengthening of the independent marine scientific
-Ece:..rr-h capabilities of developing countries, particularly land-locked among them, by
.1h reans as programmes to provide adequate training of their technical and scientific
rson:el.
States shall facilitate the availability of information and knowledge resulting
:177.7cn. marine scientific research by effectivL international communication of proposed
programmes and their objectives, and by publication and dissemination through
j.nternational channels of their results.
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THIRD CONFERENCE
ON THE LAW OF THE SEA
THIRD COMMITTEE
Distr.
LIMITED
A/CONF.62/C.3/L.17
23 August 1974
ORIGINAL: ENGLISH
4.116004.104.100.4/1110.010...
Text's on items 13 and 14 (Marine scientific
research and Development and transfer of
technology)
Texts agreed upon in the informal meetings
1. States shall endeavour to
marine scientific research not
the international community in
2. In the conduct of marine
shall apply:
A
General principles
promote and facilitate the development and conduct of
only for their own benefit but also for the benefit of
accordance with the provisions of this Convention.
scientific research the following general principles
(a) marine scientific research activities shall be conducted exclusively for
peaceful pl.Irposes;
(b) such activities shall not unduly interfere with other legitimate uses of the
sea compatible -with the provisions of this Convention and shall be duly respected
in the course of such uses;
(c) such activities shall comply with regulations established in conformity with
the provisions of this Convention, for the preservation of the marine environment;
(d)
3. Marine scientific research activities shall not form the legal basis for any claim
whatsoever to any part of the marine environment or its resources.
4. Alternative one:
Marine scientific research shall be conducted subject to the rights of coastal
States within the areas under their sovereignty and/or jurisdiction.
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Alternative two:
Marine scientific research shall be conducted subject to the rights of coastal
States as provided for in this Convention.
5. Alternative one:
Marine scientific research shall be conducted in the international area subject to
the international regime as provided for in this Convention.
Alt-,rnative two:
The high seas are open to the unhampered pursuit of scientific research by all
States on a basis of equality, without discrimination of any kind. Marine scientific
research in the international sea-bed area shall be conducted subject to the regime of
that area as provided for in this Convention.
Alternative three:
emit any such provision.
International and Regional Co-operation for Marine Scientific Research
including Exchange and Publication of Scientific Data*
The co-operation envisaged in this article shall be subject to the relevant
provisions of this Convention.
1. States shall, in accordance with thP principle of respect for sovereignty** and on
the basis of mutual benefit, promote international co-operation in marine scientific
research for peaceful purposes.
2. States shall co-operate with one another, through the conclusion of bilateral and
multilateral agreements, to create favourable conditions for the conduct of scientific
research in the murine environment and to integrate the efforts by scientists in
* A view was expressed that international and regional co-operation for marine
scientific research should be pursued in accordance with the international regime and the
competences of the International Authority as provided for in this Convention.
** A view was expressed that the use of the word "sovereignty" here does not imply
recognition of any claims of sovereign immunity by the researching State.
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studying the essence of and the interrelations between phenomena and processes occurring
in the marine environment. ?
3. States shall, both individually, and in co-operation with other States and with
competent international organizations, actively promote the flow of scientific data and
information and the transfer of knowledge resulting from marine scientific research in
particular to developing countries, as well as the strengthening of the autonomous
marine research capabilities of developing countries through, inter alia, programmes to
provide adeq-ate education and training of their technical and scientific personnel.
4. The availability to every State of information and knowledge resulting from marine
research shall be facilitated by effective international communication of
proposed major programmes and their objectives, and by publication and dissemination of
the results through international channels.
IT
Consolidated alternative texts presented to the Chairman on:
Conduct and promotion of marine scientific research
(a) Right to conduct marine scientific research
(b) Consent, participation and obligations of coastal States
Alternative A7
(a) Right to conduct marine scientific research
1. Coastal States have the exclusive right to conduct and regulate marine scieriAfic
research in their *(...) and to authorize and regu2ate such research as provided for
in article ...
2. Marine scientific research in the international area** shall be conducted directly
by the International Authority and, if appropriate, by peons, jul-idical or physical,
through service contracts or association or through any other such means as the
International Authority may determine, which shall ensure its direct and effective
control at all times over such research.
* A decision on the precise terms to be used here, such as economic zone,
patrinonial sea, national sea or area under national jurisdiction and/or sovereignty,
and continental shelf, and which do not refer to the international area, shall be
eopted in the light of the decisions on the definition and rature of those terms in the
Second Co:nmittee.
** The International Area referred to in this paragraph is the area with which the
First Ccrmitteo is concerned. With regard to th2 remaining itternational area the
matter rill La Oiscussed at a later stage.
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(b) Consent, participation and obligations of the coastal State
1. Marine scientific research in the *(...) of a coastal State shall not be conducted
without the explicit consent of that State.
2. States and appropriate international and regional organizations as yell as persons,
juridical and physical, seeking consent of the coastal State to conduct marine scientific
research in the area referred to in paragraph 1, shall, inter alia:
(i) undertake to conduct the research exclusively for peaceful purposes;
(ii) disclose the nature and objective of the research, as well as the Means- to be
used, including satellites and ODAS;
(iii) indicate the precise geographical area in which the activities concerning such
research are to be conducted;
(iv) state the proposed date for commencement of the activities and the period for
ceeple-,iese przeject;
(v) give full information and particulars regarding the sponsoring institution,
if any, the scientific staff and the vessels,. equipment and other means to
be employed, such as ODAS and remote sensing devices operating in the
atmosphere or beyond;
(vi) provide the coastal State with a detailed description of the research project
which shall be kept up to date;
(vii) include active participation or representation of the coastal State, if. it so
eesires, in all stagez of the research project;
(viii) undertake to supply on time all raw and processed data, including the final .
evaluations and conclusions and samples to the coastal State;
(ix)_ assist the coastal State in assessing the indications, the said data and
samples and the results thereof, in such manner as that State may request;
(x) undertake that results uf scientific research shall not be published without
the explicit conient of the coastal State; and
(xi) undertake to comply with all applicable environmental standards and
regulations of the coastal State as well as international standards established
or to be establ-Lshed by (insert name or names of appropriate organizations).
3. The coastal State shall have the; right to supervise marine scientific research
activities undertaken in the area referred to in paragraph 1, and suspend or terminate
it, if that State finds that these activities arc not being carried out for the declared
objective or purpose of the research or are not beino carried out in accordance with ,
the provisions o these articles.
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4. (Participation of developing land-locked States and developing geographically
disadvantaged States.
On this question proposals were submitted by the delegations of Singapore, India,
Peru and Lesotho and an amendment was made by the delegation of Iran to the proposal of
Singapore.
These proposals, which due to lack of tire
have been given to the Chairman of the Group of
with a decision by the Group, that they will be
the Conference, or in case of an intersessional
could not be considered at this session,
77, fDr circulation within the Group,
considered at the subsequent session of
meeting of the Group, at such a meeting.)
5. The exercise of innocent passage and navigation does not confer on States,
international organizations or other juridical or natural persons the right to undertake
marine scientific research.
Alternative B/
1. Marine scientific research in the econcmic one shall only be conducted with the
consent of the coastal State. Conse,it hall nat normally be withheld when the State or
inc,ernational organization making an application to conduct such research:
(a) provides the coas-Gcl State with a full description of
( )
the nature and objectives of the ..-esearch project;
(ii) the means to be used, including equipment and the name, tonnage, type and
class of vessels;
(iii) the precise geographical areas in which the activities are to be
Conducted;
(iv) the expected date of first appearance and final departure of the research
team, equipment or vessels as the case may be; and
(v) relevant particulars concerning proposed scientific personnel and their
qualifications;- and
undertakes to
ensure the right of the coastal State to participate or to be represented
in all phases of the research project, if it so desires;
provide to the coastal State on an agreed basis raw and processed data
samples of materials;
'(iii) assist the coastal State in assessing the implications of the data and
results; in particular, if requested, submit to the coastal State as
soon as practicable after the completion of the research a report
including a preliminary int,,srprotation;
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(iv) ensure that research results are published as soon as feasible in a.
readily available scientific lablication unless otherwise agreed;
(v) comply with all relevant provisions of this Convention; and
(vi) fulfil any other requirement that may be agreed upon.
2. -The provisions of paragraph I shall apply to marine scientific research, conducted
by means of Oceanographic Data Acquisition Systems (ODAS).*
{3. The provisions of paragraphs 1 and 2 shall apply with respect to applications made
by natural or juridical persons, whose applications have the endorsement of a State or
international organization. In addition, the coastal State may require that such
applications be made through appropriate official channels.
4. The provisions of the above paragraphs shall apply to marine scientific research .
concerning the continental shelf.
5. In considering an application made in accordance with paragraph 1, the coastal
shall I;a:le account duty of .$9_11. Stes to promote marine scientific
research for peaceful purposes.
/Alternative c.1
I. All States, whether coastal or land-locked, as well as appropriate international
organizations, have the right to conduct marine scientific research subject to the
provisions of this Convention.
II. Marine scientific research within the territorial sea established in accordance with
this Convention may be conducted only wh the consent of the coastal State.
Requests for such consent shall be submitted to the coastal State well in advance
and shall be answered without undue delay.
* * *
III. 1. Marine scientific research beyond the territorial sea, in areas where a coastal
State enjoys certain rights over resources in accordance with this Convention, shall
be conducted by States, whether coastal or land-locked, as well as by appropriate
international organizations in such a manner that these rights of coastal States
are respected, for which purpose the coastal State shall:
(a) be given at least months' advance notification of the proposed
research project;
(b) be given as soon as possible a detailed description of the research
project, including objectives, methods and instrumentation, locations and time
4' The provisions of this article are not intended to apply to marine scientific
research conducted by means of satellites, on which other provisions may be required, for
example regarding the acquisition and dissemination of data and the transfer of
technology. /...
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schedule, and information on the research institution concerned and on the
scientific staff to be employed;
(c) be promptly informed of any major change a with regard to the description
of the-proposed research project;
(d)
project;
have the right to participate directly or indirectly in the research
(e) have access to
project and be provided,
samples;
all data and samples obtained in the course of the research
at its request, with duplicable data and divisible
(0 be given assistance, at its request, in the interpretation of the results
of the research project.
2. States and appropriate international organizations conducting marine scientific
research in the areas referred to in paragraph 1 above shall take due account of
Y. legit-Lae.interest .3 and rights of the neighbouring land-locked and other
geographically,disadvantaged States of the region, as provided for in this
Convention, and shall notify these States of the proposed research project, as well
as provide, at their request, relevant information and assistance as specified in
paragraph 1 (b), (c) and (f) above. Such neighbouring land-locked and other
geographically disadvantaged States shall be offered, at their request, where
research facilities permit, the opportunity to participate in the proposed research
project.
3. States and appropriate international organizations engaged in the conduct of
marine scientific research shall ensure that the research results are published as
soon as possible in readily available scientific publications and that copies of
such rublications are supplied directly to the coastal State and to neighbouring
land-locked and other geographically disadvantaged States.
4. Disputes concerning the interpretation or application of this article shall,
at the request of any party to such dispute, be settled in accordance with the
procedures set out in the relevant articles of this Convention.
* * *
IV. Marine scientific research beyond the areas specified in the articles above may be
carried out by all States, whether coastal or land-locked, and by appropriate
international organizations.
Foot-note: In these articles the term "Marine scientific research" means any
study of and related experimental work in the marine environment, excluding industrial
exploration and other activities aimed directly at the exploitation of marine resources
designed to increase marl's knowledge and conducted for peaceful purposes.
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/Alternative D
Article 1
- Marine scientific research means any study of, and related experimental work in,
the marine environment designed to increase man's knowledge and conducted for
peaceful purposes.
Article 2
Marine scientific research within the territorial sea established in accordance
with this Convention may be conducted only with the consent of the coastal State.
Requests for such consent shall be submitted to the coastal State well in advance and
answered without undue delay.
Article 3
States and appropriate international organizations have freedom to carry out
rarine sc5ntif1c research in areas wherl coRstal States enjoy economic rights over
marine resources in accordance with the provisions of this Convention, except that
marine scientific research concerned with the exploration or exploitation of the
living and non-living resources shall be subject to the consent of the coastal State.
Requests for consent shall be submitted well in advance and shall be answered without
undue delay.
Article 4
In the international area all States, whether coastal or land-locked, and
_ appropriate international organizations have the freedom to carry out marine scientific
research related to the sea-bed subsoil and superjacent waters.
III
Texts submitted as conference room papers to the informal meetings*
A. "Definition and Objectiles of Marine Scientific Research"
NETHERLANDS
"Marine scientific research is any study of and related experimental work in the
marine environment excluding industrial exploration and other activities aimed at the
direct exploitation of marine resources, designed to increase man's knowledge and
conducted for peaceful purposes."
* The texts were not discussed in the informal maetings.
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SUDAN
"Marine scientific research is any study and related experimental work conducted
in the interest of peace and human welfare and aimed at increasing mankind's knowledge."
SPAIN
? Marine scientific research means any study and related experimental work designed
to increase mankind's knowledge of the marine environment.
EGYPT
"Scientific research lends itself to all investigations dealing with natural
phenomena in the marine environment and the atmosphere there above, as well as to
promotion of methodology for abatement of marine pollution and other abnormalities.
c. ntiicresearn is contradictory to all non-pedceful aspects, and does not cover
activities aimed at the direct exploitation of the marine resources."
B. Legal status of installations for marine environment research
ARGENTINA
The emplacement of any type of scientific research installations on the
continental shelf by third States or their nationals shall be subject to authorization
by the coastal State, and such installations shall be under its jurisdiction.
KENYA
1. Fixed or floating scientific research installations or equipment located within
the areas of national jurisdiction and/or sovereignty shall be subject to the
jurisdiction of the coastal State.
2. Fixed or floating scientific research installations or equipment located in areas
beyond the limits of national jurisdiction shall be operated in accordance with the
international regime as provided for in this Convention.
PEOPLE'S REPUBLIC OF BULGARIA, POLISH PEOPLE'S REPUBLIC,
UKRAINIAN SOVIET SOCIALIST REPUBLIC, UNION OF SOVIET
SOCIALIST ? REPUBLICS
Fixed scientific research installations, whether standing on the ground or at
anchor, and also floating stations or mobile installations established in the marine
environment in accordance with the provisions of articles of this Convention
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and other rules of international law shall be subject to the jurisdiction of the State
which installed them, unless other provision is made in agreements between the State
conducting the research and the coastal State which may be concluded when under
articles of this Convention, the consent of the coastal State is required for
the conduct of the research.
The installations referred to in this article shall not have the status of
islands or possess their own territorial waters, and their existence shall not affect
the delimitation of the territorial sea, continental shelf or economic zone of the
coastal State.
FRANCE
The emplacement of scientific research installations (oceamdata acquisition
systemq - ODAS) within the limits of national jurisdiction of a State shall require
th.1 consent of t'r,lt State in the same conlitien3 as for the conduct of sciuntific
research.
Such installations shall be subject to the jurisdiction of the State which has
emplaced them, unless otherwise agreed-between the State conducting the research and
the coastal State.
C. Responsibility and Liability.
PEOPLE'S REPUBLIC OF BULGARIA, POLISH PEOPLE'S REPUBLIC,
UKRAINIAN SOVIET SOCIALIST REPUBLIC, UNION OF SOVIET
SOCIALIST REPUBLICS
Article 13
States shall be held internationally liable for national activity in the world
ocean, irrespective of whether it is carried out by government organs or by juridical
or physical persons, and for ensuring that national activities are conducted in
accordance with the provisions of this Convention.
VENEZUELA
Amendment to Article 13, paragraph 1, of document A/AC.138/SC.III/L
.31
Replace the words "the world ocean, irrespective of whether it
government organs or by juridical or physical persons" by the words
jurisdiction of other States or in the international zone".
is carried out by
"areas under the
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SPAIN
Amendments to paragraph 1, article 13, of document A/AC.138/SC.III/L.31
(a) Insert the words 'international organizations" after the word "States" in
the first line;
(b) Insert the words "scientific research" after the words "for national" at the
end of the first line;
(c) Replace the words 'in the world ocean" in the second line by the words "in
the marine environment".
CANADA*
States shall be responsible for marine scientific research conducted in the marine
environment by them or by their nationals, natural or juridical.
States shall be liable for damage, caused to the marine environment, including
damage to other &Laces and the=ir environmenc, arising out of marine scientific research,
when such damage is attributable to them. When such damage is attributableto their
nationals, States undertake to provide recourse with a view to ensuring equitable
compensation for the victims thereof.
* NOTE: Any text on narine Scientific Research - Responsibility and Liability -
should be developed together with any similar provision regarding marine pollution damage
and therefore this text may have to be amended or expanded upon at a later date.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
THIRD COITCTTEE
Mr. Chairman,
Distr.
LIMITED
A/CONF.62/C.3/L.16
23 August 1974
ORIGINAL: ENGLISH
Note by the Chairman of the informal meetings of the Third
Committee on item 13 (scientific research) and item 14
(development and transfer of technology) to the Chairman
of the Third Committee
In my canacity as ChairmAn of the informal meetings of the Third Committee,
Grganized to coLtsider izems 13 and 14 entitled "Marine Scientific Research" and
"Development and Transfer of Technology'', I have the honour to inform you as follows:
In conformity with the organization of work decided upon by the Third Committee
on 11 July 1974, there were 10 informal meetings from 23 July to 23 August 1974.
At the outset the informal meetings had before them for consideration all the
proposals formally submitted to Sub-Committee III of the Sea-Bed Committee, as well
as the texts transmitted by Working Group 3 of the Sea-Bed Committee (WG.3/Paper No. 4
on 'Definition and Objectives of Marine Scientific Research", and WG.3/Paper No. 5 on
"Conduct and Promotion of Marine Scientific Research").
At the request of the Third Committee, the Secretariat prepared an informal
comparative table of all the above-mentioned texts, arranged in the following outline
under the headings:
1. Definition and Objectives of Marine Scientific Research
2. Conduct and Promotion of Marine lcientific Research
(a) Right to conduct marine scientific research
(b) Consent, Participation and Obligations of coastal States
(c) General conditions for the conduct of marine scientific research
3. International and Regional Co-operation for Marine Scientific Research including
Exchange and Publication of Scientific Data
4. International Ocean Space Institutions
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5. Status of Scientific Equipment in the Marine Environment
6. Resnonsibility and Liability
7. Settlement of Disputes
8. Obligations under United Uations Charter and other International Treaties
The informal meetings agreed that the outline should be considered as a tool for
reference purposes only and should in no way prejudice the substantive discussion on
any one of the subSects.
The informal meetings endeavoured to Consolidate texts or reduce the number of
? ?
alternatives. For that ne.rpose, the informal meetings agreed to establish an
open-ended drafting or negotiating group, which held 11 meetings.
The group was able to elaborate a set of general principles for the conduct and
promotion of marine scientific research, which are reproduced in Section I-A of
doc'.zmeat A/CONF.62/C.NL47. ,
The group also elaborated consolidated articles concerning "International and
Regional Co-.operation fer Marine Scientific Research including Exchange and. Publieation
of Scientific Data'', which appear in Section I-B of doCument A/CONF.62/C.3/L.17.
Both the Eeneal principle .6 and the text on international and regional
co--operation were :egreed upon. by the Informal meetings.
?
, .
Cn the cue5t.!.on cf."conduct,and promotion of marine .scientific research', in both
the la-ccs of rht to conduct marine scientific research, and consent,
participation and obligP.tions of coastal States, the informal meetings had before them
the five alternative texts transmiteed by Werhine; Group 3 of the Sea-Bed Committee
(.70.3/Paper Ito. 5, reproduced in Teolvme L. paragraph 70 of the Report of the Sea-Bed
Committee). Trert:lermorc, a number of new proposals were introduced during the meetings.
The views exTereaserl in those texts range from the concept of consent for marine
scientific researee by the coastal State in the area under national jurisdiction and
of direct conduct of merine scientific research by the International Authority in the
field of its comp,Aenee, to the concept of freedom of scientific research beyond the
territorial sec of the eoast.el State.
After inter sive negotiations among delegations, four integrated alternative texts
were produced which reflect t],e approaches expressed in the informal meetings and in
the informal draftine or negotiating group with regard to that question.
Those. alternatIve texts .are reproduced in Section II of document
A/CONF,62/C3//,.17. They are not meant to prejudge the position of any delegation,
nor preclude any dlegation from submitting new texts or amendments at a later stage,
with a view -be the ocr-all progress of tne work of the Conference.
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The informal meetings also discussed the "Definition and Objectives of Marine
Scientific Research'. taking as a basis for their work the text transmitted by Working
Group 3 of the Sea-Bed Committee (WG.3/Paper No. 4 - para. 70 of the Report of the
Sea-Bed Committee). Additional texts were submitted in the course of the debate;
they are contained in Section III-A of document A/CONF.62/C.1/L.17 as well as in
document A/CONF.62/C.3/1.9. In the debate, however, the general view emerged that it
would be more appropriate to discuss the question of a definition at a later stage.
With regard to the 'Status of Scientific Equipment in the Marine Environment",
additional texts were introduced in the informal meetings; they appear in Section III-B
of document A/CONF.62/C.3/L.17. Because of lack of time, it was not possible to
proceed to a consolidation of these texts.
In dealing with the "Responsibility and Liability", the informal meetings
referred mainly to paragraph 1 of article 13 of document A/AC.138/SC.III/L.31.
Amendments and two additional texts were submitted which appear in Section III-C of
document A/CONF.62/C.3/L.17.
With respect to the "International Ocean Space Institutions", the informal
meetings decided to postpone its consideration upon request of the author of the only
text proposed on this subject.
The informal meetings also decided to postpone consideration of "Settlement of
Disputes" and 'Obligations under United Nations Charter and other International
Treaties because the general opinion was that the questions involved should be seen
in the context of the Convention as a whole.
For lack of time the informal neetings could not deal with item 14 (Development
and Transfer of Technology) on which a report of the Secretariat (A/CONF.62/C.3/L.3)
and two proposals (A/CONF.62/C.3/L.8 and A/CONF.62/C.3/L-12) were introduced in the
Third Committee.
I avail myself of this opportunity, Mr. Chairman, to reiterate to you the
assurance of my highest consideration.
(Signed) Cornel A. Metternich
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
THIRD COMMITTEE
DRAFT STATMENT OF ACTIVITIES OF THE THIRD COMMI
Explanatory note
Distr.
LIMITED
A/CONF.62/C.3/L.20
23 August 1974
ORIGINAL: ENGLISH
1. The following statement contains a brief account of the activities of the Third
Committee and does not constitute a report in a formal or traditional sense. The
objective is to provide a document of record and reference which will enable
delegations, and the Committee as a whole, to continue without delay consideration of
the subjt-matter before the Committee at the next session of the Conference.
I. ESTABLISHMENT OF COM4I1TEE
2. The Third Committee was one of three main committees established at the first
session of the Conference in New York from 3 to 15 December 1973, to deal with the
subjects covered by the three sub-committees of the Committee on the 1Peaceful Uses of
the Sea-Bed and Ocean Floor beyond the Limits of National Jurisdiction.
3. The officers of the Committee were elected as follows:
Chairinan Mr. Alexander Yankov - Bulgaria
Vice-Chair=en Mr. Alvaro Escallon Villa - Colombia
Mr. Andreas J. Jacovides - Cyprus
Mr. Wilhelm H. Lampe
then
Mr. Gerhard Breuer - Federal Republic of Germany
Rapporteur Mr. Abdel Magied A. Hassan - Sudan
II. MANDATE OF THE COMMTlitt
4. By a decision of the Conference on 2 July 1974 (A/CONF.62/29), upon the
recommendation of the General Committee, the Third Committee was given the task of
considering the following items from the list of subjects and issues.
Item 12. Preservation of the marine environment
12.1 Sources of pollution and other hazards and measures to combat them
12.2 Measures to preserve the ecological balance of the marine environment
12.3 Responsibility and liability for damage to the mprine environment and to
the coastal State
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12.4 Rights and euties of coastal States
12.5 Internatio=d co-opere!Aon
Item 13. Scientific research
A
13.1 Nature, chalrazteristics and objectives of scientific research of the oceans
13.2 Access to scientific information
13.3 International co-operation
Item 14. Development and transfer of technology
14.1 Development of technological capabilities of developing countries
14.1.1 Sharing of knowledge and technology between developed and developing
courtries
14.1.2 Training co::' personnel from developing countries
14.1.3 Transfer of technology to developing countries
5. The Conference also agreed that the following understanding reached in the Sea-Bed
Committee on 27 August 1971 should be carried forward in respect of the Committees of
tha Conference:
"While each sub-colmtttee will have the right to discuss and record its
conclusions on the question of limits so far as it is relevant to the
subjects allocated to it, the main Committee will not reach a decision on
the final recommendaticn with regard tc limits until the recommendations of
Sub-Committee II on the rrecise definition of the area have been received,
which should co:stitute hasic proposals for the consideration of the main
Ccramittee."
III. DOCIDOTTATION
6. By paragraph 6 of resolution 3067 (XXVIII), the General Assembly referred to the
Conference the reports of the Sea-Bed Committee and all other relevant documentation
of the General Assembly and the Committee. The Third Committee thus had before it all
the documentation from Sub-Committee III of the Sea-Bed Committee including in
particular the notes with cnnexes from the Chairmen of the two Working Groups of
Sub-Committee III. The texts of those notes and annexes are reproduced in the
Report of the Sea-Bed Committee (A/9021, vol. I). This statement contains an annex of
a list of all formal proposals ',resented to date to the Committee.
IV. ORGANIZATION OF WORK
7. During the second session of the Conference in Caracas from 20 June to
29 August 1974, the Third Committee worked through formal and informal meetings. It
held ... formal meetings and informal meetings.
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8. At its 2nd formal meeting held cn 15 July 1974, the-Cemmittee accepted a
proposal by the Chal=an that it should start. work with a brief general discussion to
enable delegations to make statements on all the three items allocated to the Third
Committee. At the conclusion of the general discussion, the Committee would hold its
informal meetings to consider, alternately on a daily basis, item 12 at one meeting,
and items 13 and 14 at the following meeting. The Committee agreed that when it held
informal meetings on item 12 it should be under the chairmanship of
Mr. Jos6-Luis Vallarta of Mexico. On 23 July 1974 the Committee agreed that when it
held its informal meetings to consider items 13 and 14 it should be under the
chairmanship of Mr. Cornel Metternich of the Federal Republic of Germany.
9. During the general discussion held in the Committee, 43 delegations made statements
on item 12 and 42 delegations made statements on items 13 and 14. Representatives of
several specialized agencies of the United Nations and other international
organizations, among them UNESCO, UNEP, IMCO and IOC, made statements regarding
s-ilojf1-:ts relevant to the mndate of the Cittce
V. WORK OF THE THIRD COMMITTEE AT ITS INFORMAL MEETINGS
10. The two Chairmen of the informal meetings of the Committee on item 12 and items 13
and 14 made regular weekly reports to the Committee on progress made. These reports
were the personal assessments of the Chairmen and were not binding on any delegation.
The informal meetings also met as drafting and negotiating groups. At the end of the
Conference session in Caracas the two Chairmen transmitted notes to the Chairman of the
Committee describing the work done during the informal meetings. The texts of these
notes are contained in document A/CONF.62/C.3/L... and A/CONF.62/C.3/L... respectively.
The Chairmen also transmitted texts of draft articles whether agreed upon or with
alternates in some cases, prepared in the informal meetings of the Committee. These
texts are found in document A/CONF.62/C.3/L... as regards item 12 and for items 13
and 14 in document A/CONF.62/C.3/L...
VI. FUTURE WORK
U. The Third Committee made progress at this session of the Conference towards
completion of the mandate assigned to it by the Conference. It therefore recommends
that the opportunity should be provided for it to continue this work at a further
sessiOn or sessions with a view to completing the drafting of articles dealing with
the preservation of the marine environment, scientific research and development and
transfer of technology.
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UNITED NATIONS
Press Section
Office of Public Information
United Nations, N.Y.
(FOR USE OF INFORMATION MEDIA -- NOT AN OFFICIAL RECORD)
Press Release SEA/146
28 August 1974
TURD COMMITTEE OF LAW OF SEA CONFERENCE RECEIVES NEW PROPOSAIS*
CONCLUDES WORK AT CARACAS SESSION
(The following was received from a United Nations Information Officer
attending the Conference in Caracas.)
The Third Committee (marine environment, research and technology) of
the Third United Nati.ons Conference on the Law of the Sea wound up its work
yesterday (27 August) in Caracas, with a warning by its Chairman, Alexander
Yankov (Bulgaria), to prepare "for a new stage of negotiations".
During the four-hour meeting, the Committee received two new proposals
on preservation of the marine environment and marine scientific research,
one presented by Norway and another by the Netherlands in the name of a
group of 17 nations.
At the meeting, the Committee also heard oral reports by the Chairmen of
the informal working groups on their work. It also considered a final
document, drawn up by the Rapporteur of the Committee, Abdel Magied A. Hassan
(Sudan), Which contained a "statement of the activities of the Third Committee".
Finally, at the request of India, the United Nations Environment Programme
(UNEP) was asked to carry out a study containing a report of its activities
on the global monitoring system of the marine environment which would be
submitted at the next session of the Conference.
Another proposal, also requested by India, called for a request to the
Intergovernmental Maritime Consultative Organization (IMCO) to carry out a
study aimed at determining the maritime areas of particular interest for
coastal States within the economic zone and which would require greater
protection. This was subseouently withdrawn by the sponsoring country.
Preservation of Marine Environment and Scientific Research
PER TRESSELT (Norway) submitted a draft on the preservation of the marine
environment relating to the problem which arises when human activities disturb
the ecological balance of this environment by introducing into it living
organisms, plantar animal, which have not existed before in the marine medium.
(more)
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28 August 1974
He said that States should>not permit or engage in this kind of
interference. If there,was any uncertainty about the effects of any
proposed activity of this nature, it'WOUld be reasonable for the State
concerned to ,consult with other intereated States and the appropriate
international Organiiations; they should prOvide,for measures against
accidental disturbances of the natural state of the marine environment and
take suitable measures for the restoration of the status quo ante, should
that occur.
He stressed that the present issue was separate from that of pollution of
the martne:environmentvand that the introduction of, new species through sewage
or runi;bffs. frOM land should be dealt with context of provision
for the prevention of:P0/],ution -
..T.A..WAIKATE (Netherlands) aubmitted a pregonal on marine
scientific reserach whiCh was co-sponsored-by Austria, Belgium, Bolivia,
Botswana, Denmark, Federal Republic of Germany,. ja.cm, Lesotho, Iiheria,
Luxembourg, Nepal, Paraguay, Singapore, Netherlands, Uganda, Upper Volta and
Zambia.
He Said that the fundamental article of the draft was the first one, which
defines :marine research is being any study of related experimeatal Work in
the marine environment, excluding industrial exploration :and other activities
aimed directly at the exploitation of marine resources, designed to increase
man's knowledge And conducted for peaceful purposes.
Thedraft set out As a matter of principle the right of al]. States, coastal
and land-locked or shelf-locked, as well as appropriate international
organizations, to conduct marine scientific research, on an equal basis.
The proposal presented by the Netherlands produced comments from the
representatives of India, Colombia, Kenya, Yugoslavia, Madagascar, Argentina,
Pakistan and the Libyan Arab Repulaic, In general they considered
that many of the co-sponsors of that proposal were members of the ."Group of 77"
and that they bad expressed their consensus with the draft (document
A/CONF.62/CO/L.13) which had been presented.by Colombia aa.PreSident of that
Group, and Were now assuming a position opposed to the one they had adopted
within the "Group of 77"..
The repreeentatives of Singapore. and Lesotho explained that, their
co-sponsorship of the draft presented by the "Group of 77" did not definitely
Commit their delegations to what the document specifically states.
? FERNANDO GAMBOA (Chile) said that the proposal by his delegation on the
creation of a regional organization that would give aid in cases of accidents
that carry the inherent danger of marine pollution, would be presented at
the next round of Meetings of the Conference. He said that the creation of
a fund financed by oil consortiums was contemplated.
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Press Release SEA/146
28 August 1974
Reporttly WorkintOrotip Chairmen
JOSE LUIS VALLARTA (Nexico), Chainman of the Working Group on the
Preservation of the Marine Environment, said that 11 plenary meetings of
the Group had been devoted to the discussion and study of formal proposals
and informal drafts presented to the Sea -Bed Committee. At the same time, and
In accordance with the method of work adopted, an informal Drafting and
Negotiating Committee was established, open to participation by all delegations.
This group also met 11 times.
The draft proposals prepared by the Sea-Bed Committee, he went on, had
been reviewed and several delegations had submitted either amendments or new
drafts. The result of this work had been submitted to the Committee in one
document, which contained common texts. These dealt with basic obligations,
such as the rights of States to explore their own natural resources, special
obligations such as not to transfer pollution from one zone to another, world
and regional co-operation, technical assistance, taking into account economic
factors in order to determine if States had complied with their obligations,
and on the economic factors that are related to land-based pollution of the
marine environment.
Regarding one of the principal topics of the informal meetings, identified
as "norms, jurisdiction and application", he said, there was insufficient
time to prepare common texts.
CORNEL METTERNICH (Federal Republic of Germany), Chairman of the Working
Group on Scientific Research and Transfer of Technology, said that 10 closed
meetings had been held to discuss proposals that had been presented to the
Sea-Bed Committee.
With regard to those proposals, he said, the Secretariat at the request
of the Committee had prepared a comparative table on the following topics:
definition and objectives of marine scientific research, the pursuit and
encouragement of such activity, international and regional co-operation in
research, international institutions of the ocean spaces, juridical situation
of scientific installations ani scientific research of the marine environment,
solution of controversies, and obligations under the United Nations Charter
and other international treaties.
The Working Group had also formed an informal Drafting and Negotiating
Group open to all, which had held 11 meetings and which managed to draft a
number of general principles for the encouragement of scientific research,
and consolidated articles in relation to international and regional co-operation.
Regarding other matters, principally those related to the development and
transfer of technology, he added, there had been no time to take them up.
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palporteur/sReport to Committee
ABDEL MAGIED A. HASSAN (Sudan), ths_gPMPittee? Rapporteur,Tresented a
brief report on the Committee's activities. He said it was "not a report in
the formal or traditional sense". since its aim was to serve as a guide so that
"the delegations and the Committee in general could continue the study of its
torEcs without delay at the next round of sessions".
The document contains a brief summary which goes back to the creation of
the Third Committee and mentions its future work; it ends by saying that at
the Caracas session, the Committee achieved "some progress". It mentions the
Committee's mandate, the topics assigned to it, documentation and the
- organization of its agenda. The report alao contains a list of 12 formal
proposais.submitted to the Committee.
Final Words by Committee Chairman
ALEXANDER YANKOV (Bulgaria), Chairman of the Third Committee, said that
pertonallyi and without detailing all the work done by the Third .Committee,
the activity "appeared helpful", and would serve as a guide for future tasks.
He stated that in a relatively short time "appreciable progress" was made
on the items assigned to the Committee.
He stressed the spirit of understanding and co-operation which had marked
this session. "There has been a spirit Of give and take", he said, and
expressed hope that this same spirit would prevail in the task ahead in order
to overcome future,obstacles.
The method of work adopted at the Caracas session had been generally
accepted and .this was an encouraging sign for the future, he went on. In many
cases, agreement had been reached and in other cases, alternatives had been
submitted.
"We have plenty of work to take home with us", he said, and he asked the
delegate to get -7.-?ady for "a net:, round of negotiations"; in a clear reference
to the ncxt; sess!on in G-n?.va. He ened by thanking tho delegations for their
co-operation and linierritanding and epressed his gratitlAde to the Chairmen
of the informal Working Groups and the United .Nations Secretariat.
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UNITED NATIONS
Press Section
Office of Public Information
United Nations, N. Y.
(FOR USE OF INFORMATION MEDIA -- NOT AN OrYICIAL RECO
Press Release SEA/143
28 August 1974
LAW OF SEA CONFERENCE RECOMMENDS THAT NEXT SESSION BE tm IN GENEVA,
BEGINNING 17 MARCH WITH FINAL SIGNING SESSION IN CARACAS
(The following was received from a United Nations Information Officer
attending the Conference in Caracas.)
The Third United Nations Conference on the Law of the Sea decided
without objection yesterday morning, 27 August, in Caracas to request the
General Assembly to schedule the next session of the Conference in Geneva
from 17 March to 3 or 10 May. It also recommended that the final formal
session of the Conference be held in Caracas for the purpose of signing the
Final Act and other Conference documents.
The Conference also approved arrangements for the final documents of.
its current session in Caracas, including written statements on the work of
each in Committee and on the plenary meetings as well as oral statements
by Committee Chairmen and the Conference President, H. Shirley Amerasinghe
(Sri Lanka), slimming up the work accomplished to date.
Also approved were plans for the closing meeting of the Conference on
Thursday, 29 August, at which the heads of regional groups are to express
thanks to Venezuela for being host to the Conference; the Foreign Minister
of Venezuela, Efrain Schacht Aristeguieta, will respond; and the Conference
President will make a closing address. The flags of participating countries
and of the United Nations will then be lowered in a ceremony outside Parque
Central, the Conference site.
Yesterdayle decisions were taken on the recommendation of the General
Committee, with one change: the Conference agreed to delete any reference to
a date for the final session in Caracas. The General Committee had recommended
on 26 August that that session be held "if possible" next July/August. Yester-
day morning, however, after the representatives of the Soviet Union, France
and the Federal Republic of Germany said it was too soon to fix a date for
the final session, the Conference agreed to a suggestion by its President
that the reference to dates be omitted.
There was no other discussion on the CommitteeTs recommendations, which ?
were presented oral_Ly by the RapporteurGeneral, Kenneth O. Rattray (Jamaica).
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28 August 1974
On another matter, Peter Donige (Australia), Who said he was speaking
for Papua New Guinea (a United Nations Trust Territory under Australian
AdministratiOn), proposed that the Conference recommend to the General
Assembly that Papua New Guinea be invited to attend the next session of the
Conference as a full participant if it was independent and as an observer if
it was not.. He remarked that the work of the Conference would deeply affect
his country.
The proposal was supported by C.D. Beeby (New Zealand) and Willem
Riphagen (Netherlands), who suggested that it be broadened to cover other
Territories nearing independence, such as the Cook Islands and Niue,
associated with New Zealand, and Surinam and the Netherlands Antilles, now
part of the Kingdom of the Netherlands.
The President said an appropriate formula would be presented to the
Conference at its next meeting.
At the request of John R. Stevenson (United States), a statement by
Andon Amaraich, a.Senator in the Congress of Micronesia who is a member of
the United States delegation to the Conference, was circulated to delegations.
It sets forth the position of Micronesia on various issues before the Conference.
In another development, Bernardo Zuleta Torres (Celombia) announced
that the "Group of 77" developing countries had agreed to support the offer
of Jamaica to make its capital, Kingston, available as the headquarters of
the proposed international sea-bed authority. The offer was made by Jamaica
in a general statement to the Conference on 3 July. The President said that
the proposal would be taken up at an appropriate time.
With regard to the question of whether a full eight weeks will be
available for the Geneva session of the Conference, Constantin A. Stavropoulos,
Special Representative of the United Nations Secretary-General to the
Conference, read out to the meeting yesterday morning a message he had
received from the Director-General of the World Health Organization (wHO),
offering to consult members of the WHO Executive Board about a possible
postponement of the opening of next year's session of the World Health
Assembly from 6 to 12 May so as to enable the Conference to have adequate
meeting space and interpretation facilities at Geneva. Mr. Stavropoulos said
he had no doubt that such an arrangement would permit the Conference to meet
up to 10 May.
The President said the fact that the Conference had changed its original
plan to meet next year in Vienna did not imply lack of appreciation of the
offer by the Austrian Government to act as host. He expressed appreciation
for that invitation, "which in the circumstances we are unable to accept at
the moment".
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28 August 1974
He added that there had been a widespread desire expressed in the
General Committee that the Conference should hold as many meetings as
possible next year to complete its work. He suggested that the question
of enabling the Conference to hold additional meetings be left to the
General Assebbly's Fifth Committee (Administrative and Budgetary).
On another point, Shabtai Rosenne (Israel) reiterated his delegation's
reservations and objections about the Conference's decision of 12 July to
invite representatives of national liberation movements to participate in
the Conference as observers. He spoke in connexion with the Conference's
decision to report that and other decisions to the General AsseMbly.
The Conference was to meet again at 9 a.m. Wednesday, 28 August, to
consider the report of its Credentials Committee.
UNITED NATIONS
Press Section
Office of Public Information
United Nations, N.Y.
(FOR USE 1GF INFORMATION MED/A -- NOT AN OFFICIAL RECORD)
Press Release SEA/143/Corr.1
28 August 1974
LAW OF SEA CONFERENCE RECOMMENDS THAT NEXT SESSION BE HELD IN GENEV,
BEGINNING IT MARCHILWITH FINAL SIGNING SESSION IN CARACAS
CORRECTION
In Press Release SEA/143 of 28 August, the second paragraph on page 3
should read:
"On another point, Shabtai Rosenne (Israel) reiterated his delegation's
reservations and objections about the Conference's decision of 12 July to
invite representatives of certain national liberation movements to participete
In the Conference aa observers. He spoke in connexion with the Conference's
decision to report that and other decisions to the General Assembly."
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UNITED NATIONS
Press Section
Office of Public Information
. United Nations, N.Y.
(FOR USE OF INFORMATION MEDIA -- NOT AN OFFICIAL RECORD)
Press Release SEA/147
28 August 1974
kkg_pr SEA CONFERENCE 'APPROVES REPORT OF CREDENTIALS COMMITTEE.
AGREES TO PRESIDENT'S LETT al REPORTING ITS DECISION
(The following was received from a United Nations Information Officer
attendind the Conference in.Caracas,)
The Third United Nations Conference on the Law of the Sea approved with-
out a vote this morning, 0 August, in Caracas a report by its Credentials
Committee which stated that, subject to observations made in the Committee
about the credentials of Certain delegations to the Conference, fthe Committee
'considered that the' delegations present at the second session of the Conference
dhould be seated".
The report lists 138 countries which have sent credentials or lists of
their representatives to the current cession in Caracas.
At this Morning's meeting, several delegations expressed reservations
about the representation of the Khmer Republic, the Republic of Viet-Nam and
South Africa at the Conference.
In another action, the Conference agreed to the text of a letter which
the President of the COnference; H. Shirley Amerasinghe (Sri Lanka), will send
to the President of the United Nations General Assembly, informing him of the
decision and recommendations of the Conference on organizational matters.
Mentioned in the letter is the Conference's earlier decision to invite
representatives ?? certain national liberation :movements to participate as
observers, as well as a new recommendation to the Assembly that Papua New
duinea, the Cook Islands, Surinam and the Netherlands Antilles, which are
nearing independence, be invited' to attend future sessipna of the Conference
_as observers if they were not yet fully independent or as full Participants if
- they had achieved independence.
Proposals to that effect concerning Territories on the verge of inde-
pendence were made yesterday by a Papua New Guinea member of the Australian
delegation and by the representatives of New. Zealand. an]. the Netherlands, but
action was put off until today so that the recommendation could be put in
writing.
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28 August 1974
At the suggestion of the President, delegates rose in a moment of silent
tribute to the members of the United Nations Peace-Keeping Force in Cyprus
(UNFICYP) who had been killed or wounded in the recent fighting. Citing
reports of seven killed and 62 wounded among UNFICYP personnel, the President
spoke of "these good and valiant men who volunteered to serve the cause of
international peace and humanity and gave their lives to the cause, and also
to those who have been wounded in the line of duty". He extended condolences
to the families of those killed and expressed hope that the injured would
recover.
The President also paid tribute to Gonzalo Alcivar (Ecuador), Soubhi
Ithanaehet (Kuwait) and ethers who had died since their participation in the
Committee on the Peaceful Uses of the Sea-Bed and the Ocean Floor Beyond the
Limits of National Jurisdiction, the preparatory body for the Conference.
In today's discussion of the report of the Credentials Committee, the
representatives of Romania, Cuba, Yugoslavia, the Soviet Union, Algeria, Egypt
and Albania expressed regret that the Provisional Revolutionary Government of
the Republic of South Viet-Nam had not been invited to the Conference. Many
of them noted that the Democratic Republic of Viet-Nam had declined to attend
for that reason. Mbst of those speakers also said that the "Saigon authorities"
had no right to represent South Viet-Nam.
The same speakers also objected to the presenceof the "Lon Nol regime"
of Phnom-Penh, declaring that Cambodia should be represented by the Royal
Government of National Union headed by Prince Norodom Sihanouk. They also
stated that the racist regime of South Africa did not represent the people of
that country.
In reply, Nguyen Huu Chi (Republic of Viet-Nam) said he wished to refute
the allegation that his Government did not represent the people of Viet-Nam.
He added that last year's peace agreements on Viet-Nam did not mention two
territories or governments in that area.
Mts. Nhoung Penh (Khmer Republic) said it was absurd to contend that a
government-in-exile could represent her country. She noted that the matter of
credentials had been decided by thc General Assembly last year,
The following countries are listed in the Credentials Committee's report
as participating in the Caracas Conference:
Afghanistan, Albania, Algeria, Argentina, Australia, Austria, Bahamas,
Bahrain, Bangladesh, Barbados, Belgium, Bhutan, Bolivia, Botswana, Brazil,
Bulgaria, Burma, Burundi, Byelorussia, Canada, Chile, China, Colombia, Congo,
Costa Bice, Cuba, Cyprus, Czechoslovakia, Dahomey, Democratic People's
Republic of Korea, Democratic Yeme:1? Denmark, Dominican Republic, Ecuador,
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Egypt, El Salvador, Equatorial Guinea, Ethiopia, Fiji, Finland, France,
Gambia, German Democratic Republic, Germany (Federal Republic of), Ghana,
Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Holy See, Honduras,
Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Israel, Italy,
Ivory Coast, Jamaica, Japan, Kenya, Khmer Republic, Kuwait, Laos, Lebanon,
Lesotho, Liberia, Libya, Luxembourg, Madagascar, Malaysia, Mali, Malta,
Mauritania, Mauritius, Mexico, Monaco, Mongolia, Morocco, Nauru, Nepal,
Netherlands, New Zealand, Nicaragua, Nigeria, Norway, Oman, Pakistan, Panama,
Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea,
Republic of Viet-Nam, Romania, Saudi Arabia, Senegal, Sierra Leone, Singapore,
Somalia South Africa, Spain, Sri Lanka, Sudan Swaziland, Sweden, Switzerland,
Syria, Thailand, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Uganda,
Ukraine, USSR, United Arab Emirates, United Kingdom, United Republic of
Cameroon, United Republic of Tanzania, United States, Upper Volta, Uruguay,
Venezuela, Western Samoa, Yemen, Yugoslavia, Zaire and Zambia.
The Conference will meet again at 9 a.m. tomorrow, 29 August. The
President expressed hope that that would be the final meeting of the Caracas
session.
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UNITED NATIONS
Press Section
Office Oi Public Information
United Nations, N.Y.
(FOR USE OF INFORMATION MEDIA -- NOT AN OFFICIAL RECORD)
Round-up of Session Press Release SEA/150
30 August 1974
CARACAS SESSION OF THIRD UNITED NATIONS CONFERENCE ON LAW OF SEA
20 JUNE - 29 AUCNTST 1974
Begins Drafting Articles for New Law of Sea Convention
(The following was received from a United Nations Information Officer
attending the Conference in Caracas.)
A start towards a new international convention that would lay down an
agreed body of legal rules for the world's oceans was made at a 10-week session
in Caracas of the Third United Nations Conference on the Law of the Sea,
20 June to 29 August.
Delegates from 138 nations took part in the Session, presenting a wide
range of views and seeking to bring together their varying national positions
in a set of draft articles for the new convention. After hundreds of formal
and informal meetings, three main Committees of the Conference produced
preliminary texts of more than 250 draft articles or provisions, many of them
in competing alternative versions
To resolve the many remaining differences, the Conference recommended to
the United Nations General Assembly, which convened it, that a further session
of up to eight weeks be held at Geneva next year, from 17 March to 3 or 10 May.
In response to the views of a number of representatives who wished to
recognize Latin America's cont-ibution to new trends in international maritime
law and the arrangements made by Venezuela for the session just ended, the
Conference agreed that its final session --for which it did not specify a
date -- should be held in Caracas for the TAIXDOBC of signing the documents
which will emerge.
In a statement to the Conference summing up its results, its President,
H. Shirley Amerasinghe (Sri Lanka), declared: "There has so far been no agree-
ment on any final text on any single subject or issue, despite the lengthy
deliberations in the Sea-Bed Committee that formed the prelude to our discussions
in the Conference itself. We can, however, derive some legitimate satisfaction
from the thought that most of the issues or most of the key issues have been
identified and exhaustively discussed and the extent and depth of divergence
and disagreement on them have become manifest.n
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30 August 1974
After a series of general'statementa.(28 June-15 July), in which
115 countrie0 presented their views on the mainissues before the Conference,
the three Main Committees, each composed of representatives of all countries
participating in the Conference, worked on treaty texts covering the subjects
assigned to them..
The results were the following:
First Committee, concerned With ,a legal regime ,(body of rules)
and machinery (world-wide authority) for tile area of. the sea-bed beyond the
jurisdiction of individual States, produced in info-mal meetings a revised
set of 21 draft articles on a future sea-bed regime. Under its auspices,
negotiations began on what were identified as the main unresolved issues --
what entities (such as Government agencies, private firms or the authority
itself) should be entitled to explore and exploit the area for sea-bed
minerals, and under what terms and conditions. Still to be. tackled are the
structure and functions of the sea-bed authority.
-- The Second Committee dealt with a wide range of sea-law issues from
the territorial sea and the proposed economic zone to the rights of land-locked
countries and the special problems of archipelagos. It set down in a series
of working papers some 230 provisions, drafted in treaty language and
reflecting delegates, proposals, on the main items before the Committee. The
Committee began a second reading of some of those papers, seeking to narrow
down areas of disagreement and reducing the number of alternative versions.
Ahead of it lies the task of reaching agreement on what many representatives
have referred to as a "package deal" accommodating the varied interests
represented at the Conference.
-- The Third Committee, in informal meetings, worked out texts for draft
articles on preservation of the marine environment and on marine scientific
research. Regarding environmental matters, its texts include fully agreed
articles on technical assistance and on the obligation not to transfer pollution
from one area to another, as well as five other draft articles with varying
numbers,of alternatives or amendments; however, it did not have time to deal
with the crucial issue of standards, jurisdiction and enforcement of anti-
pollution rules. On research, it agreed to articles on general principles for
the conduct and promotion of research and on international co-operation in that
area; but on the key issues of the right to conduct research and the need for
coastal State consent to research conducted off its shores, the Committee was
able only to reduce the number of alternative proposals from five to four.
The drafting'work of the Committee was'carried on in informal, closed
meetings and did not reach the stage of formal decision. In all three
Committees the drafting and negotiating process was preceded by debates at
which delegations presented their positions.
The work of the Conference to date was not reviewed in plenary meetings
of the Conference. However, each Committee produced a brief statement of its
activities (taking the place of a report), and the Chairman of each summed
up the results to date in an oral statement to his Committee. The President
of the Conference made an over-all statement at the final meeting.
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Press Release SEA/150
30 August 1974
The Caracas session was the second held by the Conference, the first
having been an organizational session held last December at United Nations
Headquarters in New York. The first week of the session was taken up with
a discussion of the draft rules of procedure, and particularly the question
of what voting procedure should be followed when it came time for the
Conference to take decisions. The problem was resolved on 27 June when the
Conference adopted its rules by consensus, within the deadline fixed at the
organizational session for resolution of the matter.
The rules on decision-making set out procedures for deferring votes on
substantive questions to permit efforts to resolve differences, and specify
the majorities required for the adoption of decisions in the Committees and the
plenary Conference. They provide for what was described as a "cooling off
period" prior to any vote on a substantive matter, during which the President
or Chairman of the'body concerned would seek "to facilitate the achievement of
general agreement" on the point or points at issue.
If no further agreement was reached, and unless a further deferment was
decided on, there would first have to be a determination, by the same majority
as is required for substantive decisions, "that all efforts at reaching general
agreement have been exhausted". Only then could a vote on the substantive
issue take place.
The majority required by the rules for the adoption of a substantive
decision is two thirds of those nresent and voting in plenary and a simple
majority of those voting in Committee, provided that the majority in plenary
includes at least a majority of States participating in the Conference.
The Conference also endorsed a statement by its President that it should
make evefy effort to reach agreemen;; on substantive matters by way of consensus
and there should be no voting on such matters until all efforts at consensus
had been exhausted.
(The Conference's rules of procedure, incorporating later revisions,
are contained in document A/CONF.62/30/Rev.1.)
The Conference, which by decision of the General Assembly is open to all
States that are Members of the United Nations or of any of its specialized
agencies, changed its rules of procedure on 12 July to allow the participation
as observers of representatives of national liberation movements recognized
by the Organization of African Unity and the league of Arab States. In
accordance with that decision, which was taken without a Vote, invitations were
extended to 12 liberation movements -- in Angola, the Comoro Islands, the
French Territory of the Afars and Issas (Somali Coast), Mozambique, Namibia,
Palestine, the Seychelles, South Africa and Southern Rhodesia (Zimbabwe).
The Conference also asked the General Assembly to invite Papua New Guinea,
the Cook Islands, Surinam and the Netherlands, which are nearing independence,
to attend future sessions of the Conference as observers if they were not yet
fully independent or as full participants if they had achieved independence.
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Press Release SEA/150
30 August 1974
The task of the Conference, as set out in General Assembly
resolution 2750 C (aV) of 1970, is to adopt .a convention dealing with all
matters relating to the: lawof the sea. Preparations for the Conference
were made over the five years since 1968 by the Committee on the Peaceful
Uses of the Sea-Bed and the Ocean Floor beyond the Limits of National
Jurisdiction, whose reports form part of the documentation for the Conference
and 'contain many of the proposals still before delegates in Caracas and at
later sessions. For further background on the Conference see Press Release
SEA/18 of 28 May.
The General Assembly, at its session in New York beginning next month,
will consider the recommendations of the Conference in regard to its 1975
meetings and on other organizational matters.
'Following are summaries of the work in the main Committees:
First Committee (Sea-Bed Regjm_e_and Machinery
The First Committee; at 17 formal and 23 informal meetings between 10 ply
and 27 August, concentrated on the future legal regime to govern the sea-bed
area beyond national jurisdiction. This is the first of the two main aspects
before it, the other being the machinery of the proposed international sea-bed
authority.
After a general discussion (11-17 July), in which 66 delegations took
part, the Committee held three weeks of informal meetings in an effort to reduce
the number of alternative versions of draft articles on the sea-bed regime.
The result was a set of 21 draft articles; most of them still having two or
more alternatives (document A/CONF.62/C.1/L.3 and Corr.2 and 6).
The Committee then dealt in greater detail with three key issues over
which disagreement persisted: the system of exploration and exploitation
(referred to as "who may exploit the area"), the conditions of exploration
and exploitation, and the economic implications of sea-bed mining.
On the question of
the Committee for draft
favoured by a number of
Sea-Bed Committee; they
enterprises under their
sea=bed authority.
"who may exploit"., there were four alternatives before
Article 9, which deals with that matter. Two of these,
developed countries, were originally presented in the
.would provide for exploitation by States, or by
authority or sponsorship, subject to regulation by the
The third of these alternatives was presented during the session on behalf
of the "Group of 77" developing countries. It would provide that all
exploration and exploitation in the area, as well,as related activities such
as scientific research, should be conducted directly by the authority, but it
would enable the authority to "confer certain tasks to Juridical or natural
persons (including private firms), through.service contracts or association or
through any other such means it may determine which ensure its direct- and
.effective control at all times over such activities". .
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The fourth alternative, also presented during the session, would authorize
the sea-bed authority to enter into legal arrangements for exploitation with
States and natural or juridical persons, which would be obliged to comply with
the sea convention and the authority's regulations.
_Four proposals were presented en the conditions under which exploration
and exploitation should be permitted: by the United States, the "Group of 77",
eight countries of the European Economic Community (EEC) and Japan, respectively
(documents A/CONF.62/C.1/L.6-9).
Christopher W. Pinto (Sri Lanka), Chairman of the Committee's informal
meetings, in an oral progress report to the Committee on 19 August, said the
proposals by the United States and the EEC countries would give the authority
substantial regulatory power, but "control over an operation would seem to lie
more with the operator himself" or the operator and a sponsoring State, and the
convention would embody definite limits on the authority's discretionary powers.
Under the developing countries' proposal, he said, the authority would
exercise direct and effective control at all times whenever it entered into
arrangements with others for sea-bed operations, and it would be guided by a
determination not to let sea-bed resources fall prey to selfish interests.
After considering those proposals in its informal meetings, the Committee
set up a 50-member Working Group, open to all States at the Conference, to
pursue negotiations on the 21 draft articles and particularly on article 9
("who shall exploit") arid the conditions of exploration and exploitation. The
Group held six meetings (21-26 August) and began by discussing article 9.
Its Chairman, Micr. Pinto, reporting to the Committee at its closing meeting,
said the Group had laid "a sound foi.Indation ... for further work".
As regards the 20 other draft articles on the sea-bed regime, the Chairman
of the informal meetings reported that "considerable progress" had been made
on article 4, which would exclude States and persons from exercising sovereignty
over or appropriating any part of the sea-bed area, or from exercising any
rights over or with respect to (the exact phrase remains to be determined)
sea-bed resources. Also, only Jne version remained for the first paragraph of
article 7, specifying that exploration and exploitation of the area "shall be
carried out for the benefit of mankind as a whole, irrespective of the geogra-
phical location of Stater5? whether land-locked or coastal, and taking into
particular consideration th:: interests and needs of the developing countries".
Mt. Pinto reported that the 'number of alternatives for article 2,
declaring the area and its resources to be "the common heritage of mankind",
had been reduced from three to two. Changes had also been made in the three
alternatives of article 3, on the activities covered by the regime; in the
two alternatives of article 10, on general norms regarding exploitation; and
in the -single text for article 13, on protection of the marine environment.
A revised version was submitted for the second paragraph of article 7, on
safeguarding the participation of geographically disadvantaged States in sea-bed
activities. A third alternative had been added for article 15, on the rights
of coastal States.
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The Chairman of the info-mal meetings said that no improvement had been
possible in the position regarding the following: articles 5, on the use of
the area by all States without discrimination (one version with two suggested
additions); 6, on the general conduct'of,States in the area and in relation to
the area (two alternatives); 8, on preservation of the area exclusively for
peaceful purposes (one version with most of its wording disputed); 11, on
scientific research (three versions); 12, on transfer of technology (four
versions); 14, on protection of human life (one version); 16, on the legal
status of water and air space above the area (one version with most of its
wording in dispute and a proposal to omit it altogether); 17, on accommodation
of activities in the marine environment and in the area (one version with one
phrase in dispute); 18, on responsibility to ensure observance of the
international regime and liability for damages (one text with several phrases
In dispute); 19, on access to and from the area (one text with several phrases
in dispute); 20, on archaeological and historical objects (one version with
much of its wording in dispute and a proposal to omit the article); and 21,
referring to another article in the convention on settlement of disputes (one
version).
Mr. Pinto said the Committee had not wished to discuss at this stage
article 10 defining the limits of the international sea-bed area (four versions).
Parallel with its informal work, the Committee held a number of formal
meetings to discuss the economic implications of sea-bed mining with special
regard to the possible harmful effects on land-based producers among the
developing countries which produced the minerals found on the sea-bed. The
discusSioh took place in the light of two United Nations reports predicting
that cobalt and manganese prices might be affected by sea-bed production but
that there would be lesser impact on world markets of the two other metals
obtained frbm sea-bed nodules -- nickel and copper. (Summaries of the reports
and their conclusions are in document A/CONF.62/C.1/1,.5.)
Varying views were expressed by delegates as to how much, if at all,
sea-bed production would hurt land-based producers, and as to what kind of
powers the sea-bed authority should have to prevent or diminish such adverse
effects.
Giving his personal views at the end of the debate, the Committee Chairman,
Paul Bamela Engo (United Republic of Cameroon), concluded that the best
solution would be to create an organ in the sea-bed authority that would study
the problem constantly and "take appropriate measures to meet any problems
promptly if and when they occur", rather than to attempt to work out detailed
treaty' provisions to guarantee that no harm would be caused to land-based
producers.
In another development With regard to the proposed Sea-bed authority,
Jamaica offered' its capital, Kingston, as the site for the future headquarters
of the authority and the "Group of 77" developing countries agreed to support
the offer.
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In a closing assessment of the First Committee's work at Caracas, its
Chairman, Mr. Engo, declared that the "central issue" before the Committee --
who may exploit the sea-bed, is more ripe for negotiations now than it ever was.
Beginning its work in the face of divergent opinions and "monumental difficulties",'
he said, the Committee had set in motion the processes of negotiations and had
"continued to remove obstacles". Its work in "tidying up" the text of the
21 draft articles on a sea-bed regime "exposes more than ever the main issues
which must be negotiated".
Second Committee (General AI:Teets of Sea Law)
The Second Committee was assigned 15 of the 24 items before the Conference,
covering the legal regimes that are to be created for various ocean spaces from
the territorial sea out to the high seas, as well as the special interests and
needs of particular groups of countries such as land-locked States and
archipelagos.
As the Committee's Chairman, Andres Aguilar (Venezuela), pointed out in
his closing statement on 28 August, those items were some of the most difficult
and controversial matters being considered by the Conference. Moreover, he noted,
the progress achieved on those subjects by the Sea-Bed Committee had been
noticeably less than on other matters before it.
Consequently, the Committee devoted most of its time to a presentation
of individual national positions and proposals at its 46 formal meetings
(3 July-28 August), and to an effort in informal sessions to set down the
various positions in an orderly manner and in treaty language, so as to focus
the future discussion and negotiation on fundamental issues. The Committee
held more meetings and received far more formal proposals -- more than 80 --
than any other Committee of the Conference.
In the first stage of its work, the Committee debated each of the items
on its agenda, hearing as many as 99 statements on a single item (the proposed
exclusive economic zone). When this formal debate was over for each item, the
officers of the Committee, in order to clarify and consolidate the different
and often opposing positions, prepared 13 informal working papers which reflected
in generally acceptable formulations the main trends that had emerged on the
various subjects and issues.
Delegations then commented on these papers in the informal (closed) meetings,
and, whenever necessary, revised versions were prepared. The Committee agreed
not to take any decision until all closely interconnected items had been fully
considered.
The working papers contain a series of draft provisions, most with two or
more alternative f:Tmulas, organized according to the items and sub-items dealt
with by the Committee. They do not indicate which States support each formula
or the degree of support it received. The Committee decided to publish these
papers in an annex to its "statement of activities" yet to be issued.
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As it neared the end of the first stage of its work, the Committee decided
on 15 August that its next stage should be a second reading "to reduce, as far
as possible, the number of alternative formulations in the working papers".
It agreed that; while delegates would continue to be able to introduce proposals
at formal meetings, most of the second stage work would be carried out at
informal meetings. The Committee had time to complete e second reading of only
the working paper on the territorial sea.'
Forty-four provisions were formulated on the territorial sea, more than
for any other single topic before the Committee. They cover the nature and
characteristics of this sea area, historic waters, limits, innocent passage
of ships, and freedom of navigation and overflight resulting from the question
of plurality of regimes in the territorial seas.
On the contiguous zone adjacent to the territorial sea, three provisions
were set out, on the limits of the zolle and on the rights of coastal States
with regard to customs, fiscal, immigration and sanitary regulations.
Straits used for international navigation were the subject of 14 provisions,
covering innocent passage and other related matters including the right of
transit.
The continental shelf, an area of sea-bed and subsoil beyond but adjacent
to the territorial sea, was the subject of 20 provisions. They deal with a
definition of the term, the nature and scope of the sovereign rights of coastal
States over the shelf, duties of States, the outer limit of the shelf,
delimitation between States, natural resources, the regime for waters
superjacent to the shelf, and scientific research.
The concept of an exclusive economic zone beyond the territorial sea,
where coastal States would exercise certain rights over resources and perhaps
other matters, was dealt with in 37 provisions. They cover the nature and
characteristics of the zone, duties of States, international standards regarding
the safety of navigation, land-locked and geographically disadvantaged States,
revenue sharing, resources of the zone, freedom of navigation and overflight,
regional arrangements, limits, fisheries, the sea-bed within national
jurisdiction, prevention and control of pollution and other hazards to the
marine environment, and scientific research.
Coastal State preferential rights or other non-exclusive jurisdiction
over resources beyond the territorial sea were the subject of 11 provisions,
concerning the nature and characteristics of such jurisdiction, sea-bed
resources, fisheries, prevention and control of pollution and other hazards
to the marine environment, and international co-operation on the study and
rational exploitation of marine resources.
On the high seas, the Committee set out 41 provisions, dealing with the
nature and characteristics of the area, rights and duties of States, freedom
of the high seas, management and, conservation of living resources, slavery,
piracy, drugs and hot pursuit.
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Land-locked countries were the subject of 19 provisions, dealing with
general principles of the law of the sea concerning such countries, as well as
their rights and interests in regard to free access to and from the sea, freedom
of transit, equality of treatment in the ports of transit States, free access
to the international sea-bed area beyond national jurisdiction, participation
in the international regime for that area, and the living resources of the sea.
The rights and interests of other "geographically disadvantaged States",
particularly as regards fisheries, were dealt with in five nrovisions, which
include an attempt to define the term.
No provisions were formulated on the rights and interests of States with
broad continental shelves.
Archipelagos were the subject of 19 provisions, concerning the scope of
the concept, its definition, the idea of straight baselines connecting the
outermost islands of an archipelago from which the various zones under the
jurisdiction of an archipelagic State might be measured, archipelagic waters,
passage through those waters, and sealanes and traffic separation schemes.
Three provisions were drawn up on enclosed and semi-enclosed seas.
Artificial islands and installations were dealt with in 10 provisions,
covering such islands and installations in the territorial sea, on the
continental shelf, in the economic zone and on the high seas, as well as the
duties of coastal States.
Six provisions were drawn up on the regime of islands, covering definitions,
islands under colonial dependence cr foreign domination or control, maritime
spaces of islands, baselines and delimitations.
Finally, transmission from the high seas is dealt with in one provision.
In a concluding statement giving his personal views on the Committee's
work (document A/C0NF.62/C.24.86), the Chairman, Mr. Aguilar, stated: "The
idea of a territorial sea of 12 miles and of an exclusive economic zone beyond
the territorial sea up to a total distance of 200 miles is, at least at this
time, the keystone of the compromise solution favoured by the majority of
States participating in the Conference.
"The acceptance of this idea is, of course, dependent on a satisfactory
solution of other issues, especially the issue of passage through straits
used for international navigation, the outermost limit of the continental
shelf and the actual retention of this concent, and last, but not the least,
the aspirations of land-locked and other countries which, for one reason or
another, consider themselves geographically disadvantaged. There are, in
addition, other problems which must be studied and solved in connexion with this
idea, for example, those relating to archipelagos and to the regime of islands
in general.
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"It is also necessary to go further into the matter of the nature and
characteristics of the concept of an exclusive economic zone, a subject on
which important differences of opinion still persist.
"On all these subjects substantial progress has been made which lays the
foundation's for negotiation in theintersessional period and at the next
session of the Conference."
Mr. Aguilar added: "Much headway hal been made at Caracas along the
road which will lead us to the final goal."
Third CespaiIII2_11mILe_Environment Research and Technoloal
The Third Committee was able to agree at its informal meetings on some
draft articles concerning two of the main topics assigned to it -- preservation
of the marine environment and marine scientific research.
Regarding preservation of the marine environment (texts in document
APONF.62/C.3/L.15), it reached agreement on a text setting out the obligation
of States to "promote programmes of scientific, educational, technical and
other assistance to developing countries for the preservation of the marine
environment and the prevention of marine pollution", as well as to "provide
assistance, in particular to developing countries, for the minimization of the
effects of major incidents which may cause serious pollution in the marine
environment".
The text also provides that, to prevent marine pollution or minimize its
effects, developing States should be granted preference in the allocation of
funds and technical assistance by international organizations and in the
utilization of their specialized serVices.
Another draft article agreed to informally provides that, "in taking
measures to prevent or control marine pollution, States shall guard against
the effect of merely transferring, directly or indirectly, damage or hazard
from one area to another or from one type of pollution to another".
There was also agreement on four paragraphs of an article on global and
regional co-operation, providing that a State learning of imminent or actual
damage from pollution must notify other affected States, and competent
international organizations must co-operate in eliminating the effects of
pollution and preventing or minimizing the damage from such incidents. States
would also be required to co-operate in studies and data exchange and in working
out scientific criteria for rules and practices to prevent marine pollution.
Agreement was also reached on one paragraph of a text on "particular
obligation", which would require States to "take all necessary measures to
prevent, reduce and control pollution of the marine environment from any source
using for this purpose the best practicable means at their disposal and in
accordance with their capabilities".
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Nearly complete consensus was reached on two other paragraphs of this
article, listing the kind of measures to be taken against pollution and
forbidding "unjustifiable interference" with legitimate uses of the marine
environment. Three alternatives remained for a paragraph on action to ensure
that marine pollution did not spread to areas beyond a State's jurisdiction.
There was disagreement as to whether the convention should contain an
article on the right of States to exploit their own natural resources. Also,
two alternatives remained for a provision according to which the economic and
financial ability of a State and the stage of its economic development would
be taken into account in considering whether it had discharged its obligations
under the convention in regard to pollution; still another view was that the
convention should not include such an article.
The Chairman of the informal meetings which considered environmental
matters, Jose L. Vallarta (Mexico), reported in a note to the Committee
(document A/CONF.62/C.3/1,.14) that there had not been time to work out single
texts or to reduce the number of alternatives on the "crucial item" of
"standards, jurisdiction and enforcement". However, a method of work on this
topic had been agreed to, according to which the various sources of marine
pollution were to be examined. In connexion with pollution from vessels and
dumping of wastes at sea, the respective rights and duties of flag States
(States of registry of the ships concerned), coastal States and port States
were to be considered.
With respect to marine scientific research, the informal meetings produced
a partially agreed text on general principles and a draft on international
and regional co-operation for marine scientific research, including exchange
and publication of scientific data (document A/CONF.62/C.3/L.17).
Three paragraphs of general principles were agreed on. The first reads:
"States shall endeavour to promote and facilitate the development and conduct
of marine scientific research not only for their own benefit but also for the
benefit of the international community in accordance with the provisions of
this convention.
The second paragraph lists '..hree principles: that marine research
"shall be conducted exclusively for peaceful purposes", that it "shall not
unduly interfere with other legitimate uses of the sea compatible with the
provisions of this convention and shall be duly respected in the course of
such uses", and that it shall comply with provisions for protecting the marine
environment.
The third agreed paragraph states: "Mhrine scientific research activities
shall not form the legal basis for any claim whatsoever to any part of the
marine environment or its resources".
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The draft article on co-operation for research provides that States
should promote international co-operation in marine research for peaceful
purposes, co-operate to create favourable conditions for the conduct of
research, and promote the flow of scientific data and information and the
transfer of knowledge, in particular to developing countries. The text also
calls for international communication of research programmes and objectives,
and the publication and dissemination of results through international
channels.
The Chairman of the informal meetings dealing with research, Come]. A.
Metternich (Federal RepUblic of Germany), reported to the Committee (document
A/CONF.62/C.3/L.16) that the number of alternative versions for an article on
the conduct and promotion of marine scientific research had been reduced from
five to four. He also reported that lack of time had made it impossible to
consolidate the various proposals on the status of scientific equipment in the
marine environment, and that the Committee had postponed consideration of
proposals on international ocean space institutions as well as the topics of
settlement of disputes and obligations under the United Nations Charter and
other international treaties; it was also generally agreed to discuss at a
later stage the definition and objectives of marine scientific research.
The Third Committee held 17 formal and 21 informal meetings (4 July-
27 August). Before going into informal session it held a general debate on
its three main topics, during which 85 statements were made. As the informal
meetings proceeded, it met formally once or twice a week to receive proposals
and hear comments on them. Twelve such proposals were presented -- seven on
preservation of the marine environment, three on marine scientific research,
and two on development and transfer of technology. The Secretariat produced
a preliminary report on the acquisition and transfer of marine technology,
suggesting possible action (document A/CONF.62/C.3/I4.3).
The Committee Chairman, Alexander Yankov (Bulgaria), in a personal
summation of the Committee's work given to the final plenary meeting, said
the unresolved issues related in general to "the scope and extent of coastal
State jurisdiction and the rights and duties of other States with regard to
marine pollution control and marine scientific investigation".
Regarding environmental issues, he said existing agreement in that area
"seems to be confined to only a few texts which, by their nature, need to be
supplemented or qualified with more specific provisions where consensus remains
as yet elusive".
In the area of marine pollution from land-based sources, dumping of wastes
at sea and activities on the sea-bed, "the issues are more clearly set out,
and the solutions offered in individual proposals are less sharply divided than
would seem to be the case with regard to poLlution from Vessels". Not yet
discussed were such issues as responsibility for damage, immunities and the
settlement of disputes.
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On marine research, he identifiee two opposing trends in the four proposals
before the Committee on conduct and Promotion of research: the requirement
for prior consent and authorization by the coastal State in carrying out
research activities by other States within areas under coastal State jurisdic-
tion, and the doctrine of freedom of scientific research beyond the territorial
sea. He noted that there had not been time to consider in informal meetings
the third main item on the Committee's agenda -- development and transfer of
technology.
Mr. Yankov's over-all assessment was that "we have achieved significant
progress in the negotiating process and in our endeavours to prepare draft
articles".
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For Release
3:30 PM Thursday, June 13
do wawf, 777 un plaza, nye
212:490-2766
or 212:751-1548
or 215:527-2100, 245
OCEAN MANIFESTO URGES CARACAS CONFERENCE SAVE OCEANS, AID DEVELOPMENT
Leading- citizens ? of ten nations are calling on the United Nations Conference
on the Law of the Sea to dedicate "a substantial portion" of the immense revenues from
seabed mineral resources to international community purposes, including aid to develop-
ing countries. The Sea -Conference begins its first working session in Caracas, Venezuela
next Thursday (June 20th) with some 151 nations expected to participate in the ten week
meeting.
Today (Thursday, June 13th at 3:00 PM at UN Headquarters in New York) a copy
of the 1500-word Manifesto was presented to UN Under-Secretary-General C. A. Stavropoulos,
Secretary-General Waldheim's Special Representative to the Law of the Sea Conference.
The presentation was made by a small delegation of the signers headed by Major General
Indar Jit Rikhye, President of the International Peace Academy, and former commander
of the UN Emergency Force in the Middle East.
Other signers of the Manifesto include: ocean explorer Thor Heyerdahl of
Norway; Charles W. Yost, former U.S. Ambassador to the UN; anthropologist Margaret Mead;
Nobel laureate Jan Tinbergen, a Dutch economist; Per Haekkerup, former Foreign Minister
of Denmark; Dr. Paul M. Fye, Director of the Woods Hole Oceanographic Institution;
Ambassador Arvid Pardo of Malta and Lord Ritchie-Calder, a British scientist and authorZt4
Owsilks,aAtter S...v....31thrRa,,,ja.A.VivowItl&4411?v?roaeilterntutriclki.e?cfa3ivky Lr .(IS'
Dr. John J. Logue, Director of Vilidnove University's World Order Research Institute
is serving as Secretary of the group.
Urgi.103 cnat tne conference take as its inspiration the idea of the oceans as
"the common heritage of mankind", the signers stressed their belief that "an imaginative,
351
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realistic approach to the complex and urgent ocean problem can reverse the present
grave threat to the oceans' ecological system, provide an orderly and equitable
means of managing ocean resources and furnish substantial revenues for international
community purposes". The group urges that the revenues, which could amount to
billions of dollars per year, be used not only to aid development but also to fund
the fight against ocean pollution and to aid research for new sources of energy
which are relatively free of pollution. It suggested that some of these ocean
revenues might be made available for the general budget of the United Nations.
Addressing itself to one of the most central issues at the Conference,
the so-called "limits" question, the Manifesto urged that the Conference put as
large an area of the seabed as possible under the sole jurisdiction of a United
Nations ocean regime. However, it adds that if, as many observers believe probable,
the Conference agrees to a 200-mile "economic zone" or "patrimonial sea" between the
national territorial sea and the proposed international area, the coastal state and
UN agencies should share jurisdiction and revenues within this zone "in order to
insure that world community interests are respected, particularly with respect to
pollution, fishing, navigation and scientific research." It highlighted the crucial
importance of revenue sharing within the 200-mile zone by stressing that within that
area lie "an overwhelming proportion of the seabed revenues believed to be exploit-
able in the next decades."
A. many developing countries have done, the Manifesto urges that the
proposed UN ocean regime have "strong institutions" and substantial powers, including
a power to exploit and explore the international seabed area. But the regime would not
have a monopoly in the field since it would also license and regulate national and
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state companies engaged in such exploration and exploitation. The Manifesto also
urged that, the international community must have "unquestioned authority" to settle
ocean disputes.
In several places the text elaborated the signers belief that "the oceans
of the world are an indivisible and fragile ecological whole which cannot be dealt
with on a unilateral basis. It called for an international agen:yto monitor the
ocean environment, and protection for over-fishing and for the many forms of ocean
pollution. It also urged the Conference to adopt a statement that "states are
obligated to prevent marine pollution from any source" and to establish means and
standards for the fulfillment of this obil3ation.
The Manifesto urged a reconciliation of the fishing states whether "coastal"
or "distant-water" fishing states. It chmipUmspreservation of freedom of navigation
and transit through international straits adding that any "limitations on those
freedoms for control of pollution and traffic snoula be maae oy international
agreement." It also called for freedom of scientifi? research, w;.th due regard to
the interest of coastal states.
In its final paragraphs the Manifesto stressed that the Caracas Conference
"provides the opportunity for a major advance in global awareness, a strengthening
of the sense of individual, national and international responsibility for and
stewardship of planetary life and resources." It expressed the belief that a
successful Caracas Conference would serve as a guide and inspiration to solutions
to other pressing international problems. Because of the importance of the
Conference the group urged the people in every country to "acquaint themselves with
the preparations for the Conference and the problems and opportunities it represents."
X X X
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-- AN OCEAN MANIFESTO: AN APPEAL TO THE CARACAS CONFERENCE Int jail OP THE gm --
The Third United Nations Conference on the Law of the Sea provides an extraordinary
opportunity to establish an effective system of order and justice in a large portion of the
earth where rivalry among nations daily becomes more threatening and self-defeating. The dele-
gates who come to Caracas in June of 1974 will decide whether the oceans of the world will be
wisely managed and thetrimmense resources, whether of minerals or living species, safeguarded
and shared. For if chaos and shortsighted selfishness reign it will he to the detriment of
our common human future.
We believe that an imaginative, realistic long-term approach to the complex and urgent
ocean problem can reverse the present grave threat to the oceans' ecological system, provide
an orderly and equitable means of managing ocean resources and furnish substantial revenues for
international community purposes. That approach must reflect the proposition that the oceans
of the world are an indivisible and fragile ecological whole which cannot be dealt with on a
unilateral or piecemeal basis.
We believe that the Law of the Sea Conference should take as its inspiration the princi-
ple of "the common heritage of mankind" enshrined in the United Nations General Assembly's
Declaration on the Seabed, unanimously adopted on December 17, 1970. In our view adherence to
this principle mould represent a major and significant development in international relations.
We urge the Conference to demonstrate its faith in mankind by a full and realistic recognition
and application of the common heritage principle. Adherence to it could reconcile national
interests and broader interests which other41se would he irreconcilable.
A realistic common heritage approach would require that a substantial portion of the
revenues from seabed resources, both within and outside the continental margin, be dedicated
to international community purposes. In our view those revenues should be used to help fund the
struggle against ocean pollution, to make ocean technologies more widely available, and to con-
tribute to the aid given by the United Nations to developing countries. It might also add
revenues to the general budget of the United Nations. Seabed revenues might also be used to
assist intensive international research, some of it through the United Nations University, on
new sources of energy which are relatively fres of pollution.
We believe that the common heritage principle can also furnish the inspiration for an-
other essential part of the Conference's work, namely, securing international agreement as to
the responsible uses of the ocean environment. That agreement should include provision for the
monitoring of that environment and protecting i from overfishing and from the many forms of
ocean pollution. It should also include a statement that states are obligated to prevent ma-
rine pollution from any source, and it should establish means end standards for the fulfillment
of this obligation.
In our view the international seabed area under the sole jurisdiction of the United
Nations international regime should be as large as possible, extending in as close to the 200-
meter depth lino as possible with, however some "distance provision" for those countries which,
in effect, have no continental shelves. However, if the Conference should agree to a 200-mile
"economic zone" or "patrimonial sea" between the national territorial sea and the proposed in-
ternational area, we believe that it is essential that the coastal state share jurisdiction
within this zone with the appropriate United Nations agencies in order to insure that world
community interests are respected, particularly with respect to pollution, fishing, navigation
and scientific research. It is important to stress that a 200-mile economic zone would include
an overwhelming proportion of the seabed resources believed to be exploitable in the next de-
cades.
We believe that in order to carry out its important purposes the United Nations ocean
regime must have strong institutions hosed on equitable and democratic representation from all
countries. If the regime is to be effective in implementing the common heritage principle, it
must have substantial powers including power to license and regulate the exploration and ex-
ploitation of the international seabed area by states and private organizations. The regime
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must have its own power to explore and exploit that area. In our view this arrangement waiad
promote stability of expectations and security of investments. Most importantly, the United
Nations international regime must have unquestioned authority to settle disputes. In short,
there must be a legal system which protects and fosters the many but competing uses of the
oceans. Provision for environmental impact review should be part of that agreement.
Among the special problems to which the Law of the Sea Conference must urgently ad-
dress itself, always keeping in mind the common heritage approach, are the following:
a. Preservation and improvement of fisheries, with particular attention to the economic
interests of coastal countries, but with provision for the interests of distant-water
fishermen as well.
b. Protection of the interests of those countries which fear that increased production
of seabed minerals may lower the prices for their land-based minerals. This would in-
clude adherence to the United Nations General Assembly's Moratorium on the exploitation
of deep seabed mineral resources until the Conference works out an agreed system for ex-
ploiting those resources.
c. Preservation of the historic freedom of navigation and transit through international
straits. Limitations on those freedoms for control of pollution and traffic should be
made by international agreement taking into account the legitimate interests of the world
community as well as those of coastal states.
d. Support for freedom of scientific research, with due regard for the interest of coastal
states. For the benefit of all, we urge that the United Nations ocean regime commission
and fund ocean research, establish a clearing house for worldwide dissemination of infor-
mation and assist in the transfer of ocean technology to developing nations.
e. Coordination of the ocean activities of existing international agencies and encourage-
ment, where appropriate, of regional solutions to ocean problems.
The Lew of the Sea Conference provides the opportunity for a major advance in global
awareness, a strengthening of the sense of individual, national and international responsibil-
ity for and "stewardship" of planetary life and resources. For these reasons we encourage
peoples of all countries to acquaint themselves with the preparations for the Conference and
the problems and opportunities it represents. We urge them to do this in their private ca-
pacities and in the governmental and nongovernmental organizations to which they may belong.
And we urge them to communicate their views to all who will influence the Conference's de-
cisions.
A successful Law of the Sea Conference based on the principle of the common heritage
of mankind would establish the basis for responsible management of the global areas beyond the
- jurisdiction of nations. It would head off the possibility of a competitive and potentially
dangerous struggle among states for the resources of the seas. And it would make a major and
historic contribution to the realization of the high principles set forth in the preamble to
the United Nations Charter. A Law of the Sea Conference which devised equitable, acceptable
and workable responses to the present "ocean opportunities" would also promote international
comity and serve as a guide and inspiration to solutions to other pressing international
problems.
X X X
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UNITED NATIONS
Press Section
Office of Public Information
(FOR USE OF INFORMATION MEDIA -- NOT AN OFFICIAL RECORD)
Third Conference on Law of Sea Note No. 3
Caracas, Venezuela 10 July 1974
NOTE TO CORRESPONDENIS
"Right here, in Caracas, some of the principal decisions that will affect the
future of the human race will be made", Maurice F. Strong, Executive Director of
the United Nations Environment Programme told correspondents at a prese conference
this morning.
He said that the Third United Nations Conference on the Law of the Sea was,
in many respects, one of the most important that had ever been held. That was due
not only to the tremendous interest in exploiting the resources of the oceans but
also to an awareness that the most important of all the functions of the oceans was
to sustain the very life on which the continuity of human existence depended.
There was significant evidence that man's activities had proved to be very
powerfully destructive to many parts of the oceans, he said. In the Baltic and
the Mediterranean, for example, man's activities had already reduced the seas to
distress areas.
"The pouring into the oceans of wastes that man generates in cities of the
world and the industries are proving to be very destructive indeed," Mr. Strong
stated.
He hoped the Conference would take measures that would guarantee that the vital
life-sustaining functions of the oceans would not be endangered. The last few years
had Been the falling off in the yield of the fisheries resources. It was clearly
a very dangerous sign and a careful management of these resources would be required
if the supply of protein from fish was to continue.
Mr. Strong noted an enlightened commitment on the part of Venezuela to the
intelligent and wise use of its resources. He had found in the country a very
committed and ecologically sound approach to the development of the resources,
he stated.
Much land in Latin America was being destroyed through careless and destructive
patterns of development, he said. Forest areas were being desecrated in many areas.
However he had been encouraged to see, at the highest levels, a deep awareness of
the problem.
Noting that Thor Heyerdahl was present at the press conference, Mr. Strong said
that all those who were concerned with environmental problems had drawn inspiration
and a sense of urgency from his comments and experiences during his historic voyages
One of the things that had impressed him most is that those who are closest to the
ocean were the ones who were the most concerned. He had been told that Jacques-Yves
Cousteau had stopped eating fish altogether.
(more)
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Note No. 3
10 July 1974
Mr. Strong said that millions of people were being threatened with lack of
adequate water supply. Water-borne diseases were On the increase everyWhere.
That was due, in very large part, to the mismanagement of water resources of the
world, he stated.
Caracas could be a turning point on the marine environmental matters, he said.
If Governments failed to achieve significant measures at the current Conference,
the chance of getting agreement may have been lost for a long time to come,
Mr. Strong added.
Mr. Strong was asked by a correspondent for comments on the objections that ,
a number of Latin American delegations took to his statement of 8 July in which he?
had stated that he was "alarmed by the tendency to consider economic resources zone
as in effect equivalent to the territorial sea".
He replied that his remarks were not intended as a criticism of the position
of any individual Government. They were made solely from the point of view of the
environment.
"The Governments that I serve have given me the obligation to speak up on
behalf of the voiceless environment, and in doing so, many of the ideas I express
may not be in accord with the 11,:aicies and desires of the Governments I serve,"
he stated.
It was unfortunate, he said, that 1177.s remarks might sometimes run counter to
government positions. It was one of thT1 hazards of international life. Perhaps
his remarks in th3 plenary of the Confer,7.1ce were interpreted more strongly than,
had been intended.
_____--
Asked if UNEP had lodged a protest to the French Government regarding its most
recent nuclear test, Mr. Strong said that the primary function of the Programme was
to work in co-operation with Governmcnts and not one of lodging protests. He
added that the subject of nuclear testing was hotly debated in the recent session
of the Govern!^3 Council and the UNEP now had the role of assessing the damage
caused to the environment by such tests. The essential political levers on such
matters lay within Governments; the United Nations could only provide moral
persuasion, he stated.
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12
Representatives:
The Honorable John R. Stevenson, Ambassador, Special
Representative of the President for the Law of the
Sea Conference (Chief of the delegation)
The Honorable John Norton Moore, Chairman, The
National Security Council Interagency Task Force
on the Law of the Sea and Deputy Special
Representative of the President for the Law of
the Sea Conference (Deputy Chief of the delegation)
Alternate Representatives:
The Honorable Robert McClintock, Ambassador Extra-
ordinary and Plenipotentiary, American Embassy,
Caracas
The Honorable Russell E. Train, Administrator,
Environmental Protection Agency
The Honorable John A. Busterud, Member of the Council
on Environmental Quality, Executive Office of the
President
The Honorable Vincent L. McKelvey, Director of the
United States Geological Survey, Department of the
Interior
The Honorable Howard W. Pollock, Deputy Administrator,
National Oceanic and Atmospheric Administration,
Department of Commerce
The Honorable Donald L. McKernan, Ambassador (Retired)
University of Washington, Seattle, Washington
Mr. Stuart P. French, Director, Law of the Sea Task
Force, International Security Affairs, Department
of Defense
Mr. Leigh S. Ratiner, Deputy Assistant Administrator
for Political and Economic Affairs, Federal Energy
Office
Max K. Morris, Rear Admiral, USN, Joint Chiefs of
Staff Representative for Law of the Sea Matters,
Department of Defense
Mr. Bernard H. Oxman, Special Assistant to the
Special Representative and Assistant Legal Adviser
for Ocean, Environment and Scientific Affairs,
Office of thg. Legal Adviser, Department of State
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Mr. Stuart H. McIntyre, Staff Director, NSC Inter-
agency Task Force on the Law of the Sea, Department
of State
Mk. Norman A. Wulf, Representative on the Law of the
Sea, Office of the General Counsel, National
Science Foundation
Paul A. Yost, Captain, USCG, Special Assistant to
the Chief Counsel, United States Coast Guard,
Department of Transportation
Congressional Advisers:
The Honorable Warren G. Magnuson, United States Senate
The Honorable Edmund S. Muskie, United States Senate
?The Honorable Claiborne Pell, United States Senate
The Honorable Ernest F. Hollings, United States Senate
The Honorable Clifford P. Case, United States Senate
The Honorable Ted Stevens, United States Senate
The Honorable James Buckley, United States Senate
(Plus one more Senator still to be named)
The Honorable Leonor K. Sullivan of Missouri, United
States House of Representatives
The Honorable Thomas Downing of Virginia, United States
House of Representatives
The Honorable Donald Fraser of Minnesota, United States
House of Representatives
The Honorable Joshua Eilberg of Pennsylvania, United
States House of Representatives
(Plus four House of Representatives minority members
still to be named)
Congressional Staff Advisers: (Still to be named, but
estimated at 10.)
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Advisers:
Mr. C. Paul Ake, Commander, U.S.N., Office of the Joint
Chiefs of Staff, Department of Defense
Mr. John T. Albers, Geologist, U.S. Geological Survey,
Department of the Interior
Mr. Burdick H. Brittin, Consultant, Department of State
Mr. James E. Brown, U.S.C.G., Department of Transportation
Mr. David E. Cook, Office of the General Counsel, Council
on Environmental Quality
Mr. John A. Dugger, International Security Affairs,
Department of Defense
Mr. Pierce Elliott, Division of Energy and Resources,
Department of the Interior
Mr. Otho E. Eskin, (Secretary of Delegation), Deputy
Staff Director, NSC Interagency Task Force on the
Law of the Sea, Department of State
Mk. Frank Fedele, Colonel, USAF, International Security
Affairs, Department of Defense
Mr. Richard J. Gage, Director, Office of International
Activities, Maritime Administration, Department of
Commerce
Mk. Fitzhugh Green, Environmental Protection Agency
Mr. Robert Hodgson, Geographer, Department of State
Mr. Roger H. Hull, Deputy Staff Director and Special
Assistant to the Chairman, NSC Interagency Task
Force on the Law of the Sea, Department of State
Mr. David B. Johnson, Senior International Economist,
Office of Policy Research, Department of the Treasury
Mr. Terry L. Leitzell, Office of the Assistant Legal
Adviser for Ocean, Environment, and Scientific
Affairs, Department of State
Mr. Dennis E. Logue, Senior International Economist,
Office of Policy Research, Department of the Treasury
Mr. Anthony Macone, Deputy Director, Office of Import
Programs, Department of Commerce
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Ms. Mary Ann Mason, Federal Energy Office
Mr. Robert E. McKew, Adviser, Political and Security
Affairs, US Mission to the UN
Mr. Robert McManus, Environmental Protection Agency
Mr. Myron Nordquist (Secretary of Delegation, Technical),
Executive Assistant to the Chairman, NSC Interagency
Task Force on the Law of the Sea
Mr. Basil N. Petrou, International Economist, Office
of Natural Resources, Department of the Treasury
Mr. Richard T. Scully, Office of U.N. Political
Affairs, Department of State
Mr. Louis B. Sohn, Professor, Harvard University School
of Law, Cambridge, Massachusetts
Mr. James Storer, Special Assistant for International
Fisheries Affairs, NOAA, Department of Commerce
Mr. George Taft, NOAA, Department of Commerce
Mr. Peter C. Tosini, Director, Office of Natural
Resources, Department of the Treasury
Ms. Rebecca Wright, Federal Energy Office
Mr. Glenn F. Young, Captain, USCG, Department of
Transportation
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EXPERTS
Petroleum:
Mr. G. Winthrop Haight
Attorney-at-Law
New York, New York
Mr. Cecil J. Olmstead
Vice President
Texaco
New York, New York
Hard Minerals:
Mr. Richard Greenwald
Deepsea Ventures, Inc.
Gloucester Point, Virginia
Mr. Charles Cook
American Mining Congress
Washington, D.C.
Mr. Marne Dubs
Kennecott Copper Corporation
New York, New York
Mr. John E. Flipse
President
Deepsea Ventures, Inc.
Gloucester Point, Virginia
International Law and Relations:
Mr. Aaron Danzig
Attorney-at-Law
New York, New York
Mr. H. Gary Knight
Louisiana State University
Baton Rouge, Louisiana
Mr. Lewis Alexander
University of Rhode Island
Kingston, Rhode Island
Mr. Robert B. Krueger
Attorney-at-Law
Los Angelese, California
June 20-July20
July 21-August 29
June 20-July 6
July 7-July 20
July 21-August 17
August 18-August 29
June 20-July 2
June 20-July 2
July 3-July 16
July 17-July 30
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MS'. Ann Hollick
Johns Hopkins School of
Advanced International Studies
Washington, D.C.
Mk. Richard R. Baxter
Harvard Law School
Cambridge,- Massachusetts
Ms. Margaret L. Gerstle
Attorney-at-Law
Washington, D.C.
Marine Environment:
Mr. Anthony W. Smith
Attorney-at-Law
Washington, D.C.
Mr. Richard A. Frank
National Resource Defense Council
Washington, D.C.
Mr. Sam Levering
Save Our Seas
Washington, D.C.
Mx. Robert Hallman
Center for Law and
Social Policy
Washington, D.C.
Fisheries:
Mr. William N. Utz
American Shrimp Association
Washington, D.C.
Mr. Robert G. Mauermann
Texas Shrimp Association
Brwonsville, Texas
Mr. August J. Felando
American Tunaboet Association
San Diego, California
Mr. Charles R. Carry
Tuna Research Foundation, Inc.
Terminal Island, California
July 31- August 14
July 31-August 14
August 15-August 29
June 20-July 5
July 5-July 26
July 27-August 16
August 17-August 29
June 20-August 16
August 17-August 29
June 20-August 16
August 17-August 23
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Mr. John J. Royal
Secretary/Treasurer
Fishermen and Allied Worker's Union
San Pedro, California
Mr. Jacob J. Dykstra
Point Judith Fishermen's Coop.
Association
Point Judith, Rhode Island
Mr. Lowell Wakefield
Wakefield Seafood, Inc.
Port Wakefield, Alaska
Mr. W.V. Yonker
Executive Vice President
Association of Pacific Fisheries
Seattle, Washington
Mr. William Saletic
Executive Manager
Seiners Association
Seattle, Washington,
Marine Science:
Mr. Thomas Clingan, Jr.
Dean School of Law
University of Miami
Coral Gables, Florida
Mr. Warren Wooster
Dean, Rosenstied School of
Marine and Atmospheric Science
Miami, Florida
Mr. John Craven
Coordinator, Marine Affairs
University of Hawaii
Mr. John Knauss
Provost for Marine Affairs
University of Rhode Island
Mr. William Burke
University of Washington
School of Law
Seattle, Washington
August 24-August 29
June 20-August 16
August 17-August 29
June 20-August 16
August 17-August 29
June 20-July 5
July 6-July 19
July 20-August 2
August 3-August 16
August 17-August as
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Maritime Industries:
Mr. William J. Caffey
American Institute of
Merchant Shipping
Washington, D.C.
June 20-August 29
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':;t(Iteent by Ambassador John R. Stevenson
Special Representative of the President and
Chairman of United SLates Delegation to the
Third United Nations Law of the Sea Conference,
before a Joint Meeting of the Subcommittee on
Minerals, Materials and Puels of the Senate
Interior and insular Committee and the National
Ocean roficy Study, September 17, 1974
Mr. Chairman:
I welcome tnis opportunity to appear before this
combined panel to report on the progress made at the
first substantive session of the Third United Nations
Conference en the Law uf the Sea held in Caracas,
Venezuela, from June 20 to August 29, 1974.
Before proceeding with this report, I would like
Lo say how much we appreciated the attendance at the
Conference of Senator Buckley of- this Committee and
Mr. Brit Englund of your staff, and Mr. David Stanc7, af,C.
Mr. Michael Harvey of the Committee's staff. We are
deeply grateful for their willingness to attend the
Confe:zence and for the advice and assistance that they
and oLher members of the Committee have given to our
efforts to achieve an agreed constitution and support-
ing legal regime for two-thirds of this planet. It
has been and will remain a fundamental part of our
policy to work closely with the Congress and this
Committee to achieve a Law of the Sea Treaty that fully
)41.1.!
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protects the basic inter4ts of the United states.
I. want to emnhasiric at the outset that,-while
the results of the Caracas sesoion were not all we
hoped for, the session was not a failure.
most significant result was the apparent agreement
of most nations represented ?there that the interests
of all will be best served by an acceptable and timely
treaty.
.To that end,. the Conference hasscheduled not
only the next session in the spring in Geneva, but
a return to Caracas for the signing of this agreement
in the -expectation .that this will take place in accord-
ance with. the United Nations- timetable, That time-
table provides for concluoion of the tre.uty in 1975.
Further evidence of this desire to achieve
promptly a wldely-acceptable treaty was reflected
in the 'adoption by consensus of the rules of procedure
early in the session. These rules make sveral
changes in normal proceaures that are designed to
? promote widespread agreement.
The tone ofthe general debate and the informal
mOetings was moderate and serious and reflected wide
agreement on the broad outlines of a comprehensive
general agreement.
Finally, 1 ca s,)re the members or the Senate. who
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were with us will agree that the Delegates from E:11
regions worked hard. Ti?700 or four 11:iniltaneous
meetings v.iere COM2:10!) eni I t ilerC /ere some night
sessions. The number of p.-,pers worked on was
enortaoun, but this tim the object: ? largely
achieved -- was organizing and reducing the altr-
natives, not proliferating them.
Other accomplishments of the e:IS ion were con-
side-cable. Among the no:A important are the followir?-f:
(a) The vast array of critical law of the sea
issues and proposals wi thin the waneate of Comitte IT---
includinc; among ot.hers the territor3,a1 econolitio
zone, stiaits, fisheries and thL: continental margiri--v,:1;-_,.
organized by the Co:nnittee into a cctr)rehencive set of
working papers contai ning precise treaty texts ref lec Linq
main treads on each preci so issue . All sta Les can nov.7
focus on each if:sue , and the alternative solutions,
with relz..'tive case.
A similar developmit occurred with resp,?c's to
marine. 1:cientiric rescaL.:711 in Committee III. Cor.:mitt(!e
, de,aling wi th tlic novel subject 01: a legL1 regimc
for tile deep seibeeir had prtvic.uslyaj3:ccc
Lu ali:ornotive treaty texts in the preparatoyy Colonittec,
and further refiued the-se texts af thn Caracex sesrju-1.
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(b) The transition .from a preparatory Committee
of about 90 to a Conference of almost 150, including
many newly independent states, was achieved without
major new stumbling blocks and a minimum of delay.
(c) The inclusion in the treaty of a 12-mile
territorial sea and a 200-mile economic zone was all
b1.1., formally agreed, subject of course to acceptable
resolution of other issues, including unimpeded transit
of straits. Accordingly, expanded coastal state juris-
diction over living and non-living resources appears
assured as part of the comprehensive treaty.
(d) With respect to the deep seabeds, the first
steps have been taken into real negotiation of the
basic questions of the system of exploitation and the con-
ditions of exploitation.
(e) Traditional regional and political alignments
of states are being replaced to some degree by informal
groups whose membership is based on similarities of
interest on a particular issue. This has somewhat
facilitated clarification of issues and is necessary
for finding effective accommodations.
(f) The number and tempo of private meetings
has increased considerably and moved beyond formal
positions. This is essential to a successful negotiation.
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Of codn;c2, by their very nature, the results of
such meetings cannot be discussed publicly.
with few exceptions, the Confercnce pr
now mJko it clear what the ftructure and generl
content of the Treaty will be. The Orternative!,;
Lo choose from, and the blani to be Tilled in, and
even the relative importance ,-,:ttiLched to dif.tnt
issues, aro well known.
Uhat was missing in Caracas 1.!:1 sufficient
political will to mz7.ke hard negotiatin'j choiecs.
A principz,11 reason for this ui-s the conviction that
this would not be thfr-
prior to the completion of this sessin of orci,mixed
aitcrate trcaty LezsGs oimanv' iss'uos Lt].so inhihiteJ
such deciion making.
The noxt step is for Governments to make the
political decisions necessarN, to resolve a .7,-:111
number of critical issues. In short, we must now
move from the technical drafting and proliiAnary
explorao-!:y exc1iangc,f1of views at this just coplctea
session,which has laid bare both tLe of.l.tlines of
agreemont .Ind the dc7tils of disagreemont, to the
highest politic.,11 levels, involving 11ds of states
L1-kAaselvc, to miae accorv--)az:.tion o,1 Lhcoo crA.ical
j!:sur,!s po--iblo.
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The fundamental problem is that most states
believe the major decisions must be put together
in a single package. Every state has different
priorities, and agreement on one issue is frequently
conditioned on agreement on another. Thus, it might
have been possible to adopt a general declaration of
principles in Caracas endorsing, among Other things,. a
12-mile territorial sea and a 200-mile economic zone.
Our Delegation opposed such an idea, because it would
have diverted us from negotiating the key details of an
economic zone that can spell the difference between true
agreement and the mere appearance of agreement, and
because our willingness to support such concepts is
also conditioned on satisfactory resolution of other
issues, including unimpeded passage of straits. I
choosing to concentrate on precise texts and alternatives,
our Delegation believed we were in fact best promoting
? widespread agreement on schedule. However, we recognized
that the absence of tangible symbols of agreement would
place us in a.politically difficult situation between
sessions.
In his closing statement before the Caracas session,
the President of the Conference, recognizing the problem,
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stated, "we should restrain ourselves in the
O f the temptation to take unilatal action", aw1
then urged states to preparc to reach agreemont
'without delay" since oovernents cannot he expocc0
to exercise "infinite patience."
We regret that for a variety of roosonf; the
Conference vas unable to caiAtaliv upon the initial,
prevailing good will to produce a final trcaty at
the Cal7acas ser.::don. Nevorthless, the political
paralicters of an ove-fall agreement vE-re rrlde ).nch
clearer at Caracas Lnd uL a.ni at the str.ge uherc
ditferenci in ap2rL,ache:, erubodicd npeific
treaty alticles enssc'd
on almotit 11.1 tha ajor isuctP.
on OWN, 11 at a Plenary s'assien, we noter'A to
was a growing eonsemAis OA the limits o2 national
jurivaiction, which We supported in the following
terms: "A maxiwium out.7tr limit of 12 milk.18-. for the
territorial se a and of 200 m13es for the econalic
zon...conditiod on a !.:atisi..ctory overall treaty
package and, raere spaeifieally, on ly:).0.6ion:3 for
unimpcend transit of inLrnational :2tzai'cs
licvweon costztl statta rig::tFi and dutic,s within thc?
cC.:1101!IjG ':;one." To proo'L::: nc.gotic.Lienn on the (.-senH1
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balance of coastal state rights and duties the United
,States submitted draft articles proposing the establish-
ment of a 200,-Mile economic zone in the treaty. The
U.S draft articles consist of three sections: the
economic zone, fishing, and the continental shelf.
The economic zone section provides for a 200-mile
outer limit with coastal state sovereign and exclusive
rights over resources, exclusive rights over drilling
and economic installations, and other rights and duties
regarding scientific resear9h and pollution to be specified.
There would be coastal staite environfilental duties with
respect to installations and seabed activities. All
states would enjoy freedom of navigation and other
rights recognized by international law within the economic
zbne.
? The fishing section. gives the coastal state exclu-
sive rights for the purpose of regulating fishing in
the 200-mile economic zone, subject to a duty to con-
serve and to ensure full utilization of fishery stocks
taking into account environmental and economic factors
Fishing for anadromous species such as salmon beyond the 12-
mile territorial sea would be prohibited except as authorized
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by the host state. Highly migratory species such as
tuna would be regulatod by the coastal state in the
zone and by the flag stato outside the zone, in both
cases in accordance with regulations estaLljshod by
appropriate international or regional organizations.
Membership in the organization would be mandatory and
the coastal state would receive reasonable fees for
the highly migratory fish caught in its zone by forein
vessels. The international organization in establishing
equitable allocation regulations, would be obligated
to ensure full utilization of th.,-J resource and to take
into account the special interests of ths coastal states
within whose economic zones highly m::.gratory fieh.arc
caught.
The continental shei section provides for coast-J1
state sovereign rights over explorat*on an0 exploitation
of continental sheik resources. The continental shelf
is defined as exterding to the limit cf economic
zone or beyond to a precisely defined outer limit of
the continental margin. The coastal state would have
a duty to respect the integrity of foJ.eign investment
OH the shelf and to ii,ake payments from mineral rosourc'e
exploitation for intorational community purposes, particu-
larly for the economic benefit of davcloping countries. In
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our plenary statement :we suggested that these payments
should be at a modest and uniform rate. The revenue
.
sharing areawoUld begin seaward. of 12 miles or 200
Meters water depth, whiehever-is further seaward..
The draft articles on the economic zone place
the _United States- in the mainstream of.the predominant
trends in the Conference, and we were pleased with
?the.favorable :cation to our proposal. We wero
disappointed,however,at the support, particularly among
a number of African countrios, for an economic zone in
Which.- there would be plenary, coastal state ju3:i5dictien,
not Only over resources, but over scientific research
and vessel-Source polluti.on as well and in all of these
areas there would bo no intornatienal standards eNcept.
provisions for .freedom of navigation and overflight
and the right to lay submarine cbles and pipelines.
Many of the same countries arc saying that if a pz.Lttern
- of unilateral action by individual countries' emergcs
before a treaty is agreed, they would go further and?
opt for a full 200-mile territorial sea,
We believe that s1T,ccitying the rights and duties
of both coastal states and -other states in the clonoanic
zone is the approach best?designod to avoid. the stoile
debate over abtract conccpts.?
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At the final meeting of the Second Committee. on
August 28, the Chairman, Ambassador AD67CS Aguilar
of Venezuela, made a conructivo and ch411.e.nging
statciaent summing up its work. On its own initiative,
the Comite cicided to have tho st(ttement circu3ated
as an official Comittoo doeumnt. This occurred
after initial opposition by tho 200-milo teritorial
sea supporters, which was withdrawn in the face of
other Delego'tions willingness to proc0, to a voLe
if necessary. Becau::c.: of its graat iuxtance and
the universi;.1 respect ;11c1 admition (_:,!.td by Cnr,-..ir-
mon Aguilar for his stronc and effectiv.,:. leaJership,
I would liko to quoto briefly fre-a tht stat tent.
"No decision on substantive issues hr,s
bun talten at this session, YKY::' ?IjS a single
Article of the future Coovention bc;en c.dopted,
but the States represente here know perfectly
w,-211 which are at this tin:: the positions that
enjoy support and which ;T:e the ()nets that Love
not manc?,gc,d to ms%e any 1.3ar1way.
"Tho paper elai: sums up thc main trends
does not pronomico On the
dt.:giet: of sunpert which
0.z:eh of them haa enlisted at tLe 1,.t.cparatory
me-et:jnqs and the Cowl:crone? but it is
now easy tor anc,ne. who our worJ.
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closely to ?discern the outline of the fut.ere
Convent*pn..
"So far each. State has put forward in
general terms the position which would ideally
satisfy its own. .range of interests in the seas
and oceans. Once these positions are ostblish7
ed, we have before us .the opportunity of .
neclotiatin,g based on an objective and 3-.7-:c:Alistic
ealuation of the .relative sLreugh-of the
different opinions.
"It. is not my intention in this stteme11t.
to present a complete picture of the. situation
asI see it 17,ersenally, but I can offy.
general evaluations and comments,
"The of a territorial of 12 miles
and an exclusive coonolilic oii beyond the
-territorial. sea up to -a total-ya?ximum Jista:sce
of 200 miles -is, at least-at. tthi titho
keystone of tna compremise-solution.favou.rod by
the majority of the States participat1n9 in
. the Conference, as is apparent fLc.:m the Cenaral
debate -in Xlenary mcetinqs and tha dis-
oussion? held in our:Committee.
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"Acceptance of this idea is, of course,
dependent on the 'satinfi71ctory solution of
other issues, especi.aily the issue of passage
through straits used for interntionca naviga-
tion, the outericiost limit of the continental
shelf and the actual retention of this cocept
and, last but not lest, the aspLra.c.ions of thc
.111d-lockell countries and otha countries which,
for one rear.on or another, consicir the:If:selves
geogrxihica.11y ciadv;:ntacled.
"There are, in a01ition, other prolems
to be studied ana soled in oonnt;et.:.Qn with
this idea, for e):araplc, those 7.:1Ltinc.f to
archi;)elagos and the zegimc of islands 3.n
general.
"It is also necosary to c:;(1 further into
the inatter of th- nator and characterjntics
of the concept og the e::clusive
a subject on which iloportant di -enc of -
opinion still persist.
"On all these fiu7)jects poress
has been which lays tho foundations for
nc-Totiation Curing th- intere:Isional pc.;7iod
end at the ncxt sef:3j011 of the Conferc:nc.7-."
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Mr. Chiarman, our experience during the Caracas
session indicated that in the area of deep seabed
mineral exploitation wider divergencies exist between
the U.S. and the majority of nations at the Conference
than on any other issue. The Un ted States took the
position that the convention must "guarantee access on a
nondiscriminatory basis" to deep seabed resources. During
the conference we explained that our concept of "guaran-
teed access" included a requirement that mining rights
be granted automatically to any qualified applicant, that
the whole system for granting rights be carefully struc-
tured in the treaty to insure that the system would be
economically efficient and that exploitation occur under
.a set of detailed conditions written into the treaty that,
taken together, guarantee the security of exploitation
necessary to attract investments.
As in other areas of the law of the sea, the United
States has sought in the deep seabed negotiation to
protect its principal national interest in access to these
mineral resources not by sweeping generalities written into
.treaty articles, but rather by setting out detailed provi.7
sions that explicitly prescribe how the system will work,
what will be the rights and obligations of both the inter-
national machinery established to govern exploitation and
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the prospective ocean miners who will do business under
the system and what kinds of safeguards will be provided
for ensuring that these respective rights and obligations
are protected and fulfilled. Nevertheless, it is clear
that inclusion in the convention of a detailed mining
code alone would not fully protect our interest in guaran-
teed access, and thus the United States position also
depends on achieving an appropriate balance in decision-
making organs that realistically reflect existing interests,
as well as providing machinery for the compulsory settle-
ment of disputes.
Inclusion in the treaty, or in an annex with equal
legal status of the "basic conditions of exploration and
exploitation" was widely accepted this simmer. However,
the Group of 77 approach to "basic conditions of exploi-
tation" differs from our own concept of rules and regula-
tions in major ways. This includes the amount of detail
to be included in the treaty. The Group of 77 draft also
leaves substantial discretion to the International Authority
where our regulations leave little, if any. The Group of 77,
and indeed some other countries like Norway and Sweden,
have argued that it would be unwise to attempt to freeze
in the treaty the precise terms and conditions to be
imposed on an industry about which we have little knowledge.
Moreover, many delegations expressed apprehension that a
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extremely technical and that lacking technical experts
on ocean mining in their own governments, they would be
placed at a considerable disadvantage in Such ?a negotia-
tion. Such a negotiation, they have also argued, could
not be completed in 1975.
We believe many Of these arguments reflect underlying
politiCal and economic differences. One such difference
relates .to the conceptual differences concerning the
nature and scope of the powers to be exercised by the
International Seabed Authority.. Another difference is
that many countries in Committee I attach considerable
importance to a widely ratified agreement that recognizes
both the power of the Authority to'engage in direct ex-
ploitation and its complete control over exploitation
conducted by any other entity in the International Seabed
Area. A third such difference is that several countries,
some in leadership roles in the Committee, seek to use
the power of the Authority to restrict seabed mineral
production in order to protect their own land-based mineral
resources. Inclusion of detailed rules and regulations in
the convention, they argue, would create a "strait jacket"
for the Authority and would jeopardize the ability of
the Authority to exercise direct and effective control
over all activities of exploration and exploitation.
The U.S. responded to these arguments in detail in the
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are an important part of any deep seabed mining system.
Committee I, unlike the other committees, had before
it a complete set of alternative treaty texts on the inter-
national regime and machinery assembled by the UN Seabed
Committee. Thus, during the Caracas session, Committee I
devoted almost all of its time to consideration of the
three key issues under its mandate which have or will
present the greatest difficulty. These issues--the exploi-
tation system, who may exploit the area, the conditions of
exploitation and the economic aspects of exploitation--are
at the very core of the successful resolution of the multi-
tude of alternative treaty texts on the international
regime and machinery prepared by the UN Seabed Committee.
Moreover, they are subjects which had not previously
received careful and thorough consideration during the
course of the negotiation.
Early in the Caracas session, the Group of 77
negotiated among themselves and then introduced a new
alternative text for the important Article 9, "Who May
Exploit the Area." While this text is unacceptable to
the U.S., it should be noted that in previous meetings
the Group of 77 had been unable to agree that the Authority
should be allowed to enter into various types of contrac-
tual arrangements with private entities. The new text,
however, permits this practice as long as the Authority
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maintains "direct and effective control" over all
activities. A tren1
could be discerned towards
recognition that at least in the early years of its
existence, the Authority would of necessity be
required to deal with those private corporations
from industrialized nations that have the financial
and technical capacity to mine the seabeds. In order
to attract these entities, the Authority will have to
offer reasonable and secure conditions for their
investments. The Group of 77 text does not contain
any retreat from their position on direct exploitation
by the Authority.
Mr, Chairman, we believe that Committee I benefitted
greatly from a shift in the focus of its deliberation from
the question of who may exploit the area to the Conditions
of exploitation. In a negotiating effort to meet the
expressed concerns of the United States and other industri-
alized countries, the Group of 77 agreed to elaborate in
greater detail the extent of control which their proposal
would grant the Authority, the basic conditions of exploitation
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that the Authority would be empowered to impose on
ocean miners. The proposed basic conditions intro-
duced by the Group of 77 would grant the Authority
far greater discretion in managing seabed operations
than the United States could accept, but it includes
several interesting elements which merit further
discussion, such as security of tenure, a priority of
right for the explorer to move to the exploitation
phase and selection among applicants on a competitive
basis. Moreover, the very introduction of "basic
conditions of exploitation" represents a commitment
to the concept that some such conditions will be in-
cluded in the convention.
In comparison to the Group of 77 draft of basic
conditions, the draft conditions of exploitation sub-
mitted by the United States is detailed and designed
to limit the power of the Authority to discriminate
among various ocean miners and to impose arbitrary and
unreasonable terms and conditions. The draft conditions
submitted by Japan and those prepared by eight members
of the European Community are generally similar in approach
and in detail to the United States position. The drafts,
however, contemplates licensing only to states rather
than directly to private entities. They also include a
limitation on the number of mine sitc:s to be granted
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any single entity. Moreover, the Union of Soviet
Socialist Republics publicly endorsed a similar type of .
quota system for states. The United States has not
supported any limitation on the amount of area for
which. exploitation rights can be granted to any
single state or natural or juridical person but has
sought through requirements to ensure diligence that
the area will be brought into commercial production
within a specified period of time. Moreover, it is
important to mention that the Soviet Union Clearly en-
dorsed exploitation by the Authority through service
contracts and joint ventures as well as exploitation
by states. .
Mr. Chairman, Committee I devoted several informal
neetings to general debate on the proposals for basic
conditions tabled at Caracas. There was little
de-
tailed discussion of the specifics of the rules and
regulations proposed by the U.S. or other industrial-
ized Countries-. The reaction of many countries to the
industrialized nations' drafts, were highly critical.
They indicated their apprehension that these proposals
unduly restricted the Authority's powers and thus were
at variance with their concept of a strong international
machinery. A view expressed by many was the need for
protection of land-based production. In addition, in
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the view of many delegations, the available knowledge
concerning ocean mining is at present too limited to
allow agreement on detailed regulations that would
have the same force as treaty law. In a statement to
the Committee on August 19, the United States described
what it believed to be the most essential elements to
be contained in basic conditions of exploitation and
elaborated the United States position that in those
areas where it is not possible at this time to draft
regulatory provisions, a detailed and carefully con-
structed system of rule making should be established
by the convention.
In addition to the exploitation system and the
conditions of exploitation, Committee I considered
the question of economic effects of seabed production
on the economies of developing country producers of
the metals contained in manganese nodules. As we
have testified several times before this Committee,
the United States is opposed to granting the Inter-
national Seabed Authority the right to impose, either
directly or indirectly, price and production controls
on seabed operations. The question of economic implica-
tions, however, has always been a highly politicized
issue in the law of the sea negotiations. We believe
that many members of Committee I reached a new
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appreciation in the course of discussions on the
economic implications of deep seabed mining of the
uncertainty surrounding estimates that seabed pro-
duction will damage the economies of developing country
producers of copper, cobalt, nickel and manganese.
Moreover, for the first time we heard public state-
ments by representatives of developing countries that
recognized the need to protect consumers from artificially
high prices for these metals. While this new awareness
has by no means eliminated support for price and pro-
duction controls within the Committee or an Authority
with strong regulatory powers, we are hopeful that future
discussion of the economic implications issue can be
conducted in a more knowledgeable and pragmatic context.
Mr. Chairman, the nations participating in the
deliberations of Committee I are now more aware than
ever before of the serious importance which the United
States attaches to its interests in the deep seabed
negotiation. Our insistence that the-convention must
spell out the conditions of exploitation in order for
us to be certain that guaranteed access on a non-
discriminatory basis is fully protected has helped to
produce agreement to negotiate basic conditions. Though
this agreement does not meet our concerns as to the
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conditions which must be included in the treaty, we
are hopeful that such a negotiation, coupled with
further consideration of the article on the acploita-
tion system, can serve to facilitate agreement on the
rights and duties of both the Authority and ocean miners.
The Caracas session did not see any major
negotiating breakthrough or fundamental change in
any position. However, during the last few weeks of
the Conference real negotiations began on the basic
conditions for exploitation when the First Committee
agreed to establish a small, informal negotiating group.
This group will resume its work at the next session
of the Conference and we hope that negotiations in this
context and during the intersessional period will lead
to a narrowing of differences and a realistic approach
that will promote access by industrialized consumer
countries and the development of the mineral resources
of the deep seabeds. The differences between what we
call regulation and what others call control may be
narrowed if we can agree on the conditions of exploita-
tion, including measures to ensure that exploitation
on a nondiscriminatory basis will take place, and if
agreement can be reached on protecting relevant interests
in the decision-making process. We cannot overlook,
however, the fact that the positions of the industri,Ilized
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.countries and the Group of 77 are widely Separated
on the question of the basic conditions of exploitation.
The underlying reason for this divergence on all
aspects of the Committee I negotiation is that the
developing countries as a rule tend to approach the
negotiation from a conceptual perspective that envisions
an international machinery with broad, general powers,
including the power of direct exploitation. The United
States, however, favors elaborating in detail both the
powers of the Authority and the safeguards to prevent
abuse of this power and does not support the power of
direct exploitation. Committee I is perhaps our most
difficult negotiation, rooted as it is in widely differing
political and economic interests.
In the Third Committee of the Conference, there
was only a modicum of progress :toward agreeing on
treaty texts for protection of the marine environment
and oceanographic scientific research. Alternative texts
concerning the preservation of the marine environment
were prepared on several points including basic obliga-
tions, particular obligations, global and regional
cooperation and technical assistance. But basic political
-issues remain to be resolved on the jurisdiction of
port and coastal states with respect to establishing and
enforcing vessel-source pollution standards and most
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notably, on the desirability of coastal state vessel
pollution control zones. In addition, there is a major
issue as to whether there will be different obligations
for states depending upon their stage of economic
development--the so-called double standard. We believe
that the Caracas session broadened the basis of under-
standing of the complex problems involved in drafting new
legal obligations to protect the marine environment, and
there were indications that all states were analyzing
their environmental policies in detail.
On the scientific research issue, the various
proposals were reduced to four principal alternatives
regarding scientific research within Lhe areas of
national jurisdiction. Some states advocated a regime
requiring coastal state consent for all research. Others
supported a modified consent regime. The United States
supported a regime which places obligations on the state
conducting the research to notify the coastal state,
provide for its participation and ensure sharing of
the data, and assistance in interpreting such data. Other
states proposed complete freedom of scientific research.
We were encouraged by the fact that for the first
time states appeared to be moving toward serious
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negotiations on -this' subject, includin serious con -
side.ration of our prePosal.
?Mr. Chairman, we knoW 'there will be disputc:,s
with respect to the intorprettion and applicaton
of tbe prowir.dons of the Treaty, wi'Alingness
of. the United StatcfS aml many oth: to agree to a
particular balance of the rights and (Aufies. of sta.tes
.and the Internationi Authority ir prcdtated up:in
reasonable confidence that the baince will be fairly
maintained Accordin0y, .the estblishtnt of an
impartial system of peceful b?nd Cu?apnlsory thiy:d. party
dispote nett3.eli,ent were
to find at the Caraes sessicin thre
fidm. all Rcgonal Groups that ':i7.uppert-the 'need
(VT) dispute settlement-povj.s:i.en, ...At the oAd
of the Sesic,n, the United Stat.cs co-sponsored, with
eight 'other- sttes from diffeent rcgions, a 'working.
paper containingtive.tots of d.:,7aft treaty
articles. This doc.umeht was vz:epaed, ?and? in geneal. ?
suppe2,:td, by a broder"info):70,o1 ehaired by the..
Repesentatives of Anstralia and Salvador,
Pr.ofessor Loui the HE,:;:vard La\,' Schoo:.:. served
as We hope this (ionm..-nt wlil
tb.3 draft i.:?! of tret.y articl on -anis illTortant?e:lenient?-.
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With your permission, Mr. Chairman, I will submit
for the Record a copy of the Report transmitted by
the Delegation to the Department of State on August 30,
and copies of all draft articles sponsored or co-
sponsored by the United States. The consolidated Treaty
texts in Committee II and other documents will be trans-
mitted to the Committee as soon as we recieve them from
the UN Secretariat. With your permission I would like
to submit all formal statements made by the U.S. Dele-
gation at the Caracas session.
Mr. Chairman, it is my firm conviction that a
comprehensive treaty is obtainable by the end of 1975
as contemplated in last year's United Nations General
Assembly Resolution. To do so, however, governments
must begin serious negotiation the first day at Geneva,
and to prepare for that, they must during the inter-
sessional period appraise the alternatives, meet
informally to explore possible accommodations that go
beyond stated positions, and supply their delegates
with instructions that permit a successful negotia4iion.
A multilateral convention of unparalleled complexity
affecting some of our nation's most vital economic and
strategic interests is within our reach. We cannot
and will not sign just any Treaty; but in my judgment
we would be terribly remiss in our J:esponsibilities to
the United States and to the international comunity
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as a whole if we were now to overlook broader and
longer-range perspectives. In the year ahead we in-
tend to work diligently and carefully for a Convention
that will protect our interests in the broadest sense
of thatterm. In this endeavor, Mr. Chairman, we
trust that we shall continue to have the guidance and
support of the Congress.
Through our mutual cooperative efforts I am
certain that we can take the necessary steps and
develop constructive initiatives SO that all will
agree that the United States has done all it could
to foster a successful outcome of the Third United
Nations Conference on the Law of the Sea on schedule
in 1975
Thank you, Mr. Chairman.
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15th Year
Nautilus
1056 National Press Building
Washington, DC-20004
Editor: John L Bowan
Ocean Science
News
FIRST NEWSLETTER DEVOTED TO WORLD COVERAGE OF WORLD OCEAN AFFAIRS
Volume 15, Number 49, December 7, 1973
THE THIRD UNITED NATIONS CONFERENCE ON THE LAW OF THE SEA CONVENED at
4:15 p.m., 3Dec in New York City (the first two were, of course, in 1958 and 1960). The
fact that Secretary-General Kurt Waldheim called the conference to order an hour and a
quarter late could be taken as a signal that the business at hand will proceed as expeditiously
as pos.aible: By delaying the opening, U. N, delegates (148 member and non-member govern-
ments are actually represented) caucused informally and decided to dispense with the usual
nominating procedures which would lead to the election of a president of the Conference.
Instead they agreed to have the S-G announce that by acclamation the Conference had chosen
Ambassador H. S. Amerasinghe of Sri Lanka (Ceylon) as its president. He has been chair-
man of the Seabed Committee (now dissolved) which has handled all the preliminary work
to this organizational session (3-14Dec) in NYC and the substantive session scheduled for
Caracas, 20Jun-29Aug.
The election of Amerasinghe was publicly endorsed by representatives of the various
regional groupings: Uganda for Africa, Lebanon for the Middle East, Bulgaria for the East
European states, Argentina for South America, and Germany for Western Europe. The U.S..
chief of delegation, Ambassador John R. Stevenson, added that Amerasinghe possessed "the
quality to lead and discipline a Conference of this kind... " and warned that the U. N. "didn't
have much time." "We face the potential partition of the oceans," said Stevenson. In his
opening statement, Waldheim anticipated Stevenson by calling for immediate action: "...the
task will become substantially more difficult if we wait for the development of new uses and
for the inevitable intensification of existing vises."
It is a political ocean (apologies to Ed Wenk). As soon as the formalities of 3Dec were
finished, it took all week, ostensibly, for the delegates to decide on the official rapporteur.
Actually, several more serious matters trouble the delegates, including the so-called "gentle-
men's agreement" under which no voting on substantive matters is to take place "until all
efforts at consensus have been exhausted." This agreement is designed to produce new law
of the sea conventions with which all nations can concur. Anything less would amount to a
waste of time. Meanwhile, there is growing awareness that Caracas is not the end of the
story. This Third Ti. N. Conference on the Law of the Sea won't be over until 1975 at least
-- and in Vienna.
Volume 15, Number 50, December 14, 1973
THE U. N. LAW OF THE SEA CONFERENCE made significant progress this week -- but it
wasn't easy (OSN,7Dec). Procedural questions continued to slow down the organizational
session (originally scheduled 3-14Dee), which is designed to smooth the way for the substan-
tive session in Caracas 20Jun-29Aug. As OSN went to press, delegates were still arguing
over the rules of procedure for the Conference, particularly the method of voting.
Rest news to come out of the WSC in New York CiW was the election of John A. Beesley
of Canada as chairman of the Drafting Committee. Emphasis in this committee is not on in-
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Mating and negotiating texts, but on professional and technical competence. There are 22
places on the committee, besides the chairman: Six nations from the African Group, six from
the Asian, two from East Europe (including the U.S. four from Latin America, and
four from the group designated "West European and Other States" -- including the U.S.
Responsibility for originating texts of agreements will rest with three committees. The
First and Third Committees have very specific assignments. The First (chaired by Paul Engo
of Cameroon) will handle questions of resource jurisdiction over areas beyond national juris-
diction, and the establishment of a seabed resource agency. The Third Committee (chaired
by Alexander Yankov of Bulgaria) will handle matters pertaining to protection of the marine
environment, scientific research, and the transfer of technology from developed nations to
developing ones. The Second Committee (chaired by Andres Aguilar of Venezuela) will handle
everything else, including such problems as territorial seas, passage through straits, and
resource jurisdiction for areas already under national jurisdictions.
The U.S. delegation, in the form of a special briefing to the LOS Advisory Committee
13Dec, expressed great satisfaction with the election of the various chairmen -- all men "of
great ability, substantial representatives of the U. N." The U.S. is also considerably gratified,
it was noted, that it had been elected to serve both as a vice president of the LOS Conference,
and as a member of the Drafting Committee. The 31 vice presidents (plus Conference Presi-
dent Amerasinghe, and the chairmen of the First, Second, Third and Drafting Committees)
constitute the General Committee of the Conference which assists the president "in the general
conduct of the business of the Conference," ensuring coordination of the efforts of the other
committees. (One U.S. delegate source denied to OSN that the U.S. had made any threat,
as was reported in one newspaper, to "walk out" if it didn't get the vice presidential position
on the General Committee. The vote did represent an interesting test of U.S. strength at
the Conference: Six vice-presidential seats were allocated to the West Europe & Other States
Group, and the U.S. with 107 votes ran second to France with 109. Norway, Belgium, U.K.
and Iceland got the other four seats with 104, 100, 99, and 96 votes respectively. Italy and
Greece lost out.)
The debate over voting procedures involves what U.S. sources describe as "the danger
of premature voting." The U.S. insists that a Conference-binding vote must represent two-
thirds of the members of the Conference. That position contrasts with many of the develop-
ing nations, which argue for a two-thirds vote of "those present and voting." Involved here
is the so-called "Gentlemen's Agreement," arrived at before the Conference opened. To be-
come a formal part of the rules of procedure, the agreement states that "there should be no
voting on substantive matters until all efforts at consensus have been exhausted." Also pro-
posed is a "cooling off period." Any time it appeared the Conference was ready to vote, there
would still be a 48-hour cooling off period "to avoid hasty votes." Other issues include the
U.S. suggestion there should be "indicative" voting in the early stages of committee meetings;
and the Soviet position that no voting should take place until every method possible has been
tried to arrive at a consensus, and then the vote would be by 9/10s of those present & voting.
Perhaps the most hopeful sign at the Conference, besides the choices for committee
chairmen, is the general agreement among all the delegates that "the broadest possible areas
of agreement should be sought...there should be no attempt by a majority to impose its will
on the minority, nor an attempt by minorities to block (IC!CiSiOTIS intended to sort out the pres-
ent disorder in matters affecting ocean space."
3 ,)
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Volume 15, Number 51, December 21, 1973
THE ORGANIZATIONAL MEETING OF THE LAW OF THE SEA CONFERENCE ENDED in a
deadlock over the rules of procedure -- hardly an auspicious beginning (OSN,7&14Dec). The
scene now moves to Caracas (20Jun-29Aug) for the substantive meeting, except that the first
week in Caracas will be devoted to establishing the rules of procedure. The 150 delegates
to the U. N. Conference agreed last Saturday (15Dec) in New York that it was useless to try
to iron out the differences over the rules of procedure -- and besides, they all had travel
arrangements which couldn't be changed.
The issue concerns the effort to get a Convention on the Law of the Sea which will have
the widest possible acceptance throughout the world. The proposed rules of procedure call
for the Conference to "ma.ke every effort to reach agreement on substantive measures by
way of consensus; that there should be no voting on such matters until all efforts at consensus
had been exhausted." In New York various delegations offered various amendments to that
proposal, and the Conference ended in deadlock.
If the rules can't be agreed to the first week in Caracas, then the usual rules of the
U. N. General Assembly will be adopted -- a straight majority vote. Obviously an LOS Con-
vention adopted by a simple majority doesn't stand much chance of being accepted worldwide.
Therefore the president of the Conference, Sri Lanka's H. S. Amerasinghe, will try in NYC
25Feb-1Mar to end the deadlock through a series of informal meetings with the more obstre-
perous delegations. The last day of January has been set as the absolute deadline for the
submission of any further amendments to the rules of procedure.
Volume 16, Number 22, May 31, 1974
THE U.S. DELEGATION HAS BEEN NAMED TO THE CARACAS MEETING (20Jun-29Aug)
of the Third U. N. Conference on the Law of the Sea. The names are familar ones. Ambassa-
dor John R. Stevenson is special representative of the President and head of the delegation;
John Norton Moore, is deputy special representative. Then there are 13 alternates (mostly
federal types), 16 senators and members of the House, 10 Congressional staff members,
and 29 official advisers. Finally, there is a body of "experts" from petroleum, hard minerals,
international law, marine environment, fisheries, marine science, and maritime industries.
(OSN, 3May, reported six educators had been named to the U.S. delegation; we should have
said one was named, plus five backup experts.)
In preparation for Caracas, the U.S. State Dept. has drawn up a draft environmental
impact statement 3 inches thick. The anticipated "impact" covers a "reasonable range of
alternatives...on the issues which may be of major environmental significance." A final
EIS will not come until a Law of the Sea Treaty goes to the Senate for advice & consent.
In general, this draft EIS covers land-based sources of marine pollution, vessel pollution,
global fisheries, outer continental shelf mineral exploration, and the mining of deep seabed
hard minerals seaward of national jurisdictions.
Congressional interest in what is going to happen at Caracas is very high. With fish-
eries matters bound to be one of the major issues, Rep. Gerry Studds (D-MA) notes the U.S.
position -- insofar as Congress is concerned, is hardening on the 200-mile fish conservation
zone approach. He has 118 co-sponsors in the House for his bill (H.R. 8665), while Sen.
Warren Magnuson (D-WA) has 21 co-sponsors for the Senate version (S. 1988). As the U.S.
delegates pack their bags for Caracas, the largest Soviet fishing fleet ever seen off U.S.
shores is just 25 miles from San Francisco. On the east coast, Maine lobstermen are
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carrying rifles on their boats and threatening to fire on foreign vessels which come too close
to their gear. State Dept. worries about Congressional intent in the fisheries and offshore
mining areas, fearing that unilateral action by Congress could jeopardize Ti. S. hopes for
an LOS treaty.
The second session of the Third U. N. Conference on Law of the Sea opens at 3 P.M.
20Jun with a moment of prayer. The following week will probably see a renewal of the
wrangling over procedural questions (particularly voting procedures), which took up the
time of the first session in New York City last December (OSN,7,148/21Dec). In an informal
meeting in NYC, 12-14Jun, LOSC President H. S. Amerasinghe (Sri Lanka) will attempt to
bring the major differences on procedural questions closer together so matters may move
more smoothly once the delegates from nearly 150 nations arrive in Caracas. Anticipating
that Caracas won't provide the solutions to all the problems of the sea, most delegates plan
to be in Vienna in 1975 for the continuation of LOSC.
Volume 16, Number 24, June 14 1974
THE WORLD APPEARS READY FOR THE 200-MILE RESOURCE ZONE CONCEPT as the
best way to settle some major law of the sea questions, and -- perhaps -- keep the world at
peace. As delegates from nearly 150 countries prepare to meet in Caracas (20Jun-29Aug),
most of the talk is about the extent of agreement that can be found on the economic resourte
zone question.
The Russians are apparently the latest U. N. member to join the 200-mile club, so
agreement within Committee II on a single text for a zone approach appears to be a distinct
possibility in Caracas this summer. Delegates would then spend the winter in informal
groups finding accommodating positions on the other major law of the sea issues, and re-
sume this Third U. N. Conference on the Law of the Sea in Vienna in the summer of 1975.
The major hang-up to the 200-mile approach is Japan. The Japanese Fisheries Agency
admits it was "jolted" by the Declaration of Nairobi, signed by 27 developing nations, and
calling for a 200-mile fisheries zone. The Japanese say 80% of their ocean catch is within
the 200-mile zones of the 27 countries. (Half of Japan's fish catch comes from off the coasts
qf other nations.) Also, the Japanese see the U.S. and the U. S. S. R. cooperating at Caracas,
and were not surprised by the latest Russian move, while being well aware of the tremendous
pressure on the Nixon Administration from Congress to join the 200-mile club.
All over the world, nations are almost at each other's throats over law of the sea issues.
U.S. fishermen journey to their Capitol in a trawler festooned with captured illegal foreign
fishing nets (the mesh is too small). Greece announces a 12-mile territorial sea (11 of 16
Mediterranean countries have gone to 12 miles now), and travelers returning from the Aegean
Sea tell of a state of national alert (Turkish submarines sail at dawn -- practice black-outs
are held in the Greek city of Thessaloniki), A Turkish research vessel is reportedly search-
ing for oil in waters claimed by Greece. Soviet authorities confiscate wristwatches and a ra-
dar set from Japanese fishermen whose boat was boarded off the Siberian coast for alleged
fishing violations. The watches and radar were to meet the fine levied on the spot. The
Russians threaten "sterner measures" the next time they catch the Japanese. Peking charges
the South Koreans with deliberately destroying Chinese fishing gear and poaching. Australia
catches Indonesian fishing boats inside its 12-mile limit -- the boats are of such shallow draft
they often easily avoid the Aussies' naval patrols. The Viet Cong say they will attack facili-
ties of foreign companies recently awarded rights to explore for oil off Vietnam.
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In Washington DC, Interior Secretary Rogers Morton unburdens himself to newsmen at
a. private breakfast: He is "very uncomfortable" when he thinks about the possibility of a
Russian drill ship showing up just beyond the U.S. 12-mile limit. What would the U.S. do?
"That's a hell of a good question," he muses. On the issue of foreign fishing fleets off the
U.S. coast, the Secretary calls for a "firmer" approach, and thinks that so far the U.S. has
only "slapped people on the wrists -- haven't come down hard... .We should extend our fish-
ery...We don't have enough leverage with our present policy to take any leadership." Rep.
Gerry Studds (D-MA) hails the remark as "the first concrete indication from an official of
the Nixon Administration that 200-mile legislation might escape a Presidential veto..."
H. R. 8665, the proposed legislation, now has 151 cosponsors in the House. The State Dept.'s
William Sullivan (acting deputy coordinator of ocean affairs) predicts to a group of New Eng-
land fishermen: "The U.S. is shortly going to have a substantial degree of control of its
coastal fisheries...We will be taking an increasingly stronger position dealing with the for-
eign fishermen off our coasts..." Sen. Warren Magnuson (D-WA) announces more hearings
on his bill to extend the contiguous fishery zone of the U.S. to 200 nautical miles. S. 1988
now has 21 cosponsors.
Volume 16, Number 26, June 28, 1974
GENERAL DEBATE IS SCHEDULED TO BEGIN TODAY (28JUN) IN CARACAS at the Third
U. N. Conference on the Law of the Sea (LOS-3). This week-long debate is primarily for the
benefit of non-Seabed Committee members, and follows the first week's hassle over the rules
of procedure. There's the chance, of course, that the procedural wrangling will continue into
next week and overlap the general debate. At stake is the U.S. desire for use of consensup
decision-making at all stages of the conference.
Not much has occurred in the first few days at Caracas, OSN's man-on-the-spot reports.
LOS-3 officially opened with speeches by U. N. Secretary-General Kurt Waldheim and host
Venezuelan President Carlos Andres Perez. Waldheim stressed the need for the conference
to reach "a balance which enables us to exploit the riches of the sea while preserving the in-
terests of all." Following his plea that "we must try to ensure that the new law of the sea
will endure as the foundation of man's uses of the sea," Waldheim suggested that: "The con-
ference might well consider whether some institutional means should be created whereby,
within the framework of the new convention, common measures could be agreed upon and
taken as necessary from time to time so as to avoid obsolescence under changing world con-
ditions. A periodic assembly of states who are parties to the convention, to review common
problems and to develop ways of meeting any difficulties produced by new uses of the seas,
would be one possibility to consider."
The conference General Committee allocated work to the three main committees (along
the same lines as the Seabed Committee): Committee 1 -- seabed regime; Committee 2 ?
economic zone and all other agenda items not assigned to Committees 1 & 3; Committee 3 ?
pollution and research. In addition, the topics of peaceful uses of the ocean and universal
participation in the LOS treaty were assigned to plenary session. All the committees may
consider (1) regional arrangements, (2) responsibility and liability for damage to the marine
environment, (3) settlement of disputes, and (4) peaceful uses of the ocean.
In his opening statement, Ambassador Amerasinghe, Rresident of the conference, openly
alluded to the necessity for continuation of the conference in Vienna next summer: "...Even
if we do not have a treaty after 10 weeks, we will have laid the foundation for final agreement..."
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Incidentally, some housekeeping notes: The Parque Central (conference headquarters and
housing for many delegates) is a fantastic complex of apartments, shops of every description,
U. N. offices, delegation offices, and restaurants. "You name it, it's here," says 0SN's
man -- all brand new and thoroughly modern, a tremendous accomplishment by the Venezuelans.
Security is extremely tight.
At a press conference before LOS-3 convened officially 20Jun, the head of the U.S. dele-
gation, Ambassador John R. Stevenson, defined the conference's purpose as the preparation of?
a "constitution" for the oceans. The U.S. basic position at LOS-3 was put on the record as
follows: (1) Territorial sea of 12 nautical miles; (2) "Unimpeded" transit through & over in-
ternational straits; (3) "Broad" coastal state jurisdiction over living & non-living coastal re-
sources beyond the tersea "to protect the interests & needs of coastal nations, coupled with
coastal state duties to respect the interests of other nations & the international community";
(4) "Protection" of the marine environment; (5) Creation of an international "regime & ma-
emery" for exploration & exploitation of the deep seabed "as the common heritage of all man-
kind"; (6) "Protection of the interests of all nations in access to and benefits from increased
scientific knowledge of the oceans"; and (7) Compulsory settlement of disputes.
Within those seven areas, Stevenson identified certain specific issues. For example,
if the coastal state is to keep the fish within its jurisdiction, it would do so only to the ex-
tent it has the capacity to fully utilize the fish; its control would not interfere with navigation
and other uses of the area, including scientific research; coastal states would be allowed some
control over anadromous fish, while international arrangements would be made to cover
oceanic fish.
Stevenson said it was a matter of "critical importance that a treaty emerge within the
next two years" -- alluding, like Amerasinghe, to the likelihood of the Vienna meeting in 1975.
To have a treaty that quickly would require "an important act of political will" by LOS-3 na-
tions, he said. The areas which show the most promise of early agreement are the 12-mile
tersea and coastal state resource control beyond. He foresees an early consensus on transit
through straits and a deep seabed regime. Even though Stevenson sees it as an area of con-
sensus, the U.S. continues to take a tough stand on passage through straits. This country
wants not only "unimpeded" transit but "nondiscretionary" transit, thus forbidding the coast-
al state to regulate passage in terms of ship type (submarine, supertanker, nuclear-powered)
or the destination of the cargo. "We don't want a number of Berlin Corridors around the
world," is the way the head of the U.S. delegation summed up the matter, apparently once
and for all.
TERRITORIAL SEA AND RESOURCE ZONE QUESTIONS DOMINATE DELIBERATIONS at the
Caracas meeting of the Third U. N. Law of the Sea Conference (OSN,14&28Jun). A document
which provides a kind of scorecard for those discussions is available from U.S. State Dept. Of-
fice of the Geographer ("Limits In the Seas if6"). The study notes that 100 of the 120 coastal
states still claim no more than a 12-mile tersea, but the resource zone claims that already ex-
ist are far more numerous than the casual ob3erver might think. Australia, Malta, Norway,
Poland, South Africa, and the 13. S. claim exclusive fishing rights to 12 nautical miles even
though their terseas range from 3 to 6 miles; Chile has a 200-mile maritime zone with a 3-mile
tersea; Haiti claims exclusive fishing rights to 15 miles with a 12-mile tersea; Iceland, Iran (in
the Persian Gulf), and Oman have 50-mile fishing zones; Morocco claims exclusive fishing in
some areas to 70 miles; Senegal has a 110-mile fishing zone; Nicaragua has a 200-mile fishing
zone; Pakistan claims rights of fishery conservation to 112 miles; South Viet-Nam licenses
foreign fishing vessels to 50 miles.
Varying rights are claimed beyond their terseas by a number of countries: Egypt, Saudi
Arabia, Syria, and Yemen (Aden and Sana) to 18 miles; Venezuela to 15 miles. These claims
of resource zones, plus various pollution zones and other limitations -- plus the 20 states with
terseas of more than 12 miles (nine states have 200-mile terseas) -- make it a political ocean!
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Volume 16, Number 28, July 12, 1974
THE U.N. LAW OF THE SEA CONFERENCE IN CARACAS HAS ADOPTED a delicately wrought
(mainly by Conference President H. S. Amerasinghe) compromise on the rules of procedure.
The major questions, and solutions arrived at:
Voting Majority on Substantive Issues. In the three Main Committees, substantive action
can be taken by a simple majority of states present and voting, thus applying the traditional
General Assembly rules (abstaining votes are not counted in determining the majority). In Ple-
nary session (the final arbiter of all LOS treaty articles) substantive decision can be taken only
by (a) 2/3 of the states present and voting, provided (b) the affirmative votes constitute at least
a simple majority of the participating states. Thus if 150 nations participate, a minimum of
100 must be in the hall for action to be taken (2/3 quorum requirement), and just 2/3 of the 100
(i.e., 67) cannot carry the day because of item (b) which requires 76 affirmative votes (simple
majority of participants). If every nation shows up and votes it takes 100 yes votes to carry
a substantive motion. With 150 attendees, a 76-38-36 vote v;ould pass, abstentions not being
counted [76 is 2/3 of the 114 votes cast yea or nay, and also meets test (b)].
This was a compromise submitted by Australia to bridge the gap between less developed
countries -- (LDCs favoring lower majorities, e.g., simple majority) and developed countries
(DCs and landlocked states favoring higher majorities, e.g., 2/3 of all LOSC participants).
Many observers view the arrangement as quite satisfactory -- if not outright favorable -- for the
U.S. and other major powers, though no delegation would formally say so. In fact, Peru and
U.S.S.R. voiced strong reservations to the voting formula, while accepting the consensus decision.
Implementation of the "Gentlemen's Agreement." Voting should be the exception rather
than the rule, however. Amerasinghe presented a "package deal" to implement the "consensus"
principle consisting of (a) an LOSC declaration of the "gentlemen's agreement" (no voting on
substantive matters may take place until all efforts to reach consensus have been exhausted);
(b1 cooling off periods (to avoid precipitous voting); and (c) a determination of the majority re-
quired to find that an efforts at consensus have in fact been exhausted.
The ultimate compromise consists of the following procedure, incorporated in the Rules
of Procedure: (1) no substantive matter can go to a vote until all efforts at consensus have been
exhausted; (2) the question of "exhaustion" is to be decided, if not by general agreement, than by
the same majority as for voting on substantive issues in Plenary; (3) but when a matter comes
up for a vote, the presiding officer may (or on the motion of 15 delegations is required to) defer
the vote one time for a maximum of 10 days (the "mandatory" cooling off period); (4) thereafter,
on motion by any nation and approval by a simple majority, any number of additional deferments
may be obtained; and (5) finally, when no more deferments are sought or achieved, the question
of exhaustion is put to a vote -- if it passes, two more days are allowed before voting on the
substantive issue takes place (allowing delegates to secure home instructions, if necessary).
If it sounds complicated, it is. In essence, the rule permits deferment of voting on sub-
stantive matters until all possible efforts at compromise have been used, and only permits
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voting when a large majority of states believe that further negotiations would be fruitless. Thus,
the system provides not only protection for minorities, but also ensures that every possible ef-
fort will be made toward reaching agreement by consensus rather than through polarizing votes.
Voting on Final Treaty as a Whole. In an optimistic vein, the delegates also labored over
the majority required for adopting an LOS treaty as a whole (after its constituent parts have
passed Committee and Plenary sessions). Here the landlocked states and major powers again
sought high majorities, while LDCs held out for lower requirements. At issue, too, was whether
the deferment procedures outlined above would be applicable to this most crucial of all votes.
The compromise: (a) same majority as for substantive decisions (the Australian compromise);
(b) no deferments of the type outlined above; and (c) a four day delay between presentation of the
final text and voting thereon.
Having gotten by the procedural Question in aeparently admirable fashion, the U.S., the
U. S. S.R. , and the U.K. moved quickly to announce their conditional support for a 200-mile eco-
nomic zone (as predicted, OSN, 14Jun). The U.S. qualified its position by calling for "correla-
tive coastal state duties"; the Russians demanded "simultaneous agreement among the partici-
pants of the Conference" on tersea breadth, straits, navigation, and scientific research" plus
giving the coastal state the right to allow foreign fleets to fish within its zone; the U.K. condi-
tioned its acceptance of the 200-mile zone concept on "establishment of satisfactory rules for
such a zone as well as for freedom of navigation."
Volume 16, Number 29, July 19, 1974
IT'S COMMONPLACE TO SAY "THE REAL WORK IS DONE IN THE COMMITTEES," BUT IN
CARACAS (THE THIRD U. N. CONFERENCE ON THE LAW OF THE SEA -- LOS-3) there's a
back room behind the smoke-filled room... While publicly announced and even trumpeted "draft
articles" for a treaty are being submitted daily, and are worth noting, of course, these submis-
sions don't have the significance they might have, because of the process of consolidation & con-
sensus which LOS-3 has adopted.
The consolidation phase is going on right now, and involves reducing commonly held posi-
tions (for example, how maritime powers feel about straits) to a single text. The idea is to get
the fewest possible texts on each subject on the agenda of each of the three Main Committees of
the Conference. Then comes the consensus phase: The business of getting the proponents of
the divergent texts together on a single treaty article. All this is in line with the ultimate ob-
jective of LOS-3: "...the desirability of adopting a Convention on the Law of the Sea which will
secure the widest possible acceptance..."
All three Main Committees have now adopted work plans and are beginning substantive efforts.
* Committee 1 (seabed regime) will have a week of general debate, then two weeks of a "third
reading?' on the draft articles on regime and machinery. Chile urged emphasis on the issue of
economic implications of seabed mining and that the seabed regime should apply to sedentary
living resources and in-solution minerals, as well as nodules.
* Committee 2 (territorial sea; economic zone; etc.) began a discussion on the tersea and re-
lated issues. Two main trends quickly emerged: (1) a "traditional" narrow (12 nautical miles)
tersea, subject to innocent passage, and some form of limited economic zone beyond; and (2) a
broad (200 nautical miles) area in which the coastal state has competence to decree a "plurality
of regimes" (e.g., a 12-mile tersea and an 188-mile economic zone). The critical difference
concerns the residual authority in the economic zone. The U.K. submitted draft articles on
the tersea and straits, including a redefinition of innocent passage in the tersea containing ob-
jective criteria by which to measure "innocence." The U.K. proposal for "transit passage"
(a new term) spells out in some detail the rights of both transiting vessels and straits states.
Spain countered with a straits proposal providing in part that "the sovereignty of a coastal
state extends to straits forming part of the territorial sea, whether or not they are used for
international navigation." Again, the difference lies in residual competence.
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The agenda items allocated to Committee 2 will be discussed one by one in formal and in-
formal meetings of the whole Committee, although ad hoc groups may be formed if necessary.
Each item will be assessed in terms of "main trends" and "acceptable formulas to reflect those
trends," but no decisions will be taken in this first run-through. After the "modified" general
debate, work will begin with a view toward reaching agreement on treaty articles in several
areas by the end of the session (emphasis being on the economic zone and related matters).
* Committee 3 (scientific research; pollution) formed one working group on pollution -- to be
chaired by Mexico's Vallarta -- while Chairman Yankov will temporarily chair an informal
meeting of the whole committee on scientific research. The two subjects will be discussed on
alternate days. Ad hoc drafting and negotiating groups may be formed later.
Almost at the halfway mark (today,19Jul, LOS-3 begins the fifth week of its scheduled 10
week Caracas meeting), it's not too early to attempt some sort of overall evaluation of what has
been going on, and make some predictions of what to expect. Corridor discussions raise several
possibilities. Most unlikely; the "Treaty of Caracas." Quite possible: treaty articles (whether
by general agreement or vote in committees) on a wide range of subjects, centering around the
economic zone concept. Also possible, but less desirable from the major powers' view: a "Dec-
laration of Caracas," akin to the General Assembly seabed regime principles, covering the
economic zone and related matters. That would save face for the Latins, who see Caracas be-
ing lost in the shuffle if the final LOS treaty emerges from Vienna.
One of the major successes at Caracas is obviously the quick, and relatively painless,
settlement of the rules of procedure question (OSN,12Jul). Peoples Republic of China (PRC)
and the less developed countries (LDCs) feel (and publically state) that by incorporating the
"gentleman's agreement" into the procedural rules in terms of specific majorities required to
permit voting and to take substantive action, they have blocked the "veto" power of the U.S. and
U.S.S.R. The "consensus" principle standing alone, in the Chinese view, approaches a unani-
mity requirement which would give the major powers a stranglehold on LOS-3.
On the other side, the U.S., U.S.S.R. and other major powers have secured an agree-
ment on a reasonably high voting requirement (2/3 states present and voting, affirmative votes
to include a simple majority of states participating in LOS-3) that gives fair protection to their
vital interests. This is especially true in view of the "overall package deal" approach to which
LOS-3 now seems committed. (That's the new buzz word -- "package deal" -- reiterated by
most delegations from all regions and stages of economic development; and indicating a clear
consensus that all interests must be accommodated or else LOS-3 will fail.) The adoption of
the rules of procedure is, of course, in the nature of a consensus compromise; no one is per-
fectly satisfied, but everyone feels that his basic interests are adequately protected.
Incidentally, LOS-3 weathered its first major crisis on the eve of adoption of the proce-
dural rules. China sought a rule amendment permitting challenges to delegates' credentials
which had already been approved. Thei ? target was rumored to be the delegation of the Khmer
Republic (Cambodia); the U.S., of course, backs the Lon Nol government while China favors the
deposed Prince Sihanouk. Neither side appeared willing to compromise; LDCs fell all over
themselves siding with China in floor statements (Cameroon, Iraq, Peru, Cuba, Senegal,
Pakiston, Morocco, among others). A compromise -- worked out in a tense 40-minute private
session on the podium involving Amerasinghe, U.S., China, U.K., Australia, and assorted
peacemakers -- allows such challenges only on majority vote of the delegates. No indication
that China intends to press further now; most feel they're waiting for Vienna in 1975, and in-
terim political developments.
The influence of the U.S. at LOS-3 is uncertain, although Ambassador John R. Stevenson,
head of the U.S. delegation, attempted to put the U.S. into a leadership position in his general
debate statement 11Jul. The key paragraph in his remarks: "We are prepared to accept, and
indeed we would welcome general agreement on a 12-mile outer limit for the territorial sea
and a 200-mile outer limit for the economic zone, provided it is part of an acceptable compre-
hensive package, including a satisfactory regime within and beyond the economic zone and pro-
vision for unimpeded transit of straits used for international navigation."
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Thus the magic words "200-mile economic zone" have finally been spoken out loud by the
U.S. delegation. The speech, moderate in tone, spelled out in detail the rights and duties of
coastal states under an economic zone arrangement which would be acceptable to the U. S.,the
elements corresponding essentially to the draft articles on the Coastal Seabed Economic Area
submitted by the U.S. last year, and the "species approach" for fisheries. Although the latter
may have to be abandoned in name under the new U.S. formulation of coastal state rights/duties,
the elements of that position remain the same -- coastal state management of sedentary, coastal,
and anadromous species; international management of highly migratory species (tuna); with
Vmsy" (maximum sustainable yield) conservation and full utilization as the operative principles.
On the question of possible accomplishments at the Caracas session of LOS-3, Stevenson
stated "it is the view of my delegation that the Conference should strive to adopt an entire treaty
text this summer." He noted further that "if we do not at least try to reach agreement on the
treaty this summer, we may well not even achieve the basic minimum required to finish next
year and in the interim prevent further unilateral action prejudicial to the success of the Confer-
ence." (U. S. Congressional action?)
As a minimum objective, Stevenson suggested that the session should "complete treaty
texts on most, if not all, of the critical articles -- the territorial sea, straits, the economic
zone, the seabed regime and the authority's functions, pollution from ocean uses, and scienti-
fic research." This objective would not be achieved, Stevenson continued, either by a "state-
ment of general principles" or by articles specifying coastal state and seabed agency rights
without reflecting their corresponding duties.
In other significant plenary action, Maurice Strong (head of U. N. Environment Programme)
presented 16 points for LOS-3 consideration on ocean-related environmental issues. Strong
concluded on the trend toward a broad economic zone; "I have taken no position from the envi-
ronmental point of view on these zones as a concept... I am alarmed by the tendency to consider
economic resource zones as in effect equivalent to the territorial sea. If that is the outcome of
this Conference, important environmental and equity considerations shall have been swept aside."
On the issue of exemption of naval vessels from certain international pollution agreements,
Strong recommended "voluntary declarations and actions by individual states...that they intend
to apply with full vigor, the relevant pollution control conventions to all state-owned vessels,
even when some may technically remain exempt."
Six Latin American nations objected to Strong's comment on the economic zone. Typical
of the reactions was that of Peru: "We consider that the executive director of UNEP has gone
beyond his authority and has taken a partial attitude without foundation in attacking the stand of
certain powers and commenting on subjects not in his competence."
Seabed mining (OSN,10&24May) is at the top of everyone's list of problems and, appro-
priately, the U. N. Secretariat has produced a second supplement to its seabed mining economic
implications study. The document now before LOS-3 places emphasis on the question of mini-
mizing the economic impacts of nodule mining on mineral exporting LDCs. The study examines
two basic approaches to that question: (1) compensatory systems (no explicit regulation of
? mining activities, with compensation paid to LDCs which, as a result of such activities, experi-
ence a loss in mineral export revenues); and (2) preventive systems (direct regulation by an
international agency). By implication, the report favors preventive measures for nickel, cop-
per, and manganese, yet states that "the most feasible way to minimize the impact of nodule de-
velopment on developing countries producing cobalt would be by means of compensatory payments."
Some "preventive" systems discussed in the report: (1) Authorize seabed production of
nickel only on the basis of increase in demand, thus assuring that "the maximum increase of
production forthcoming from nodules would not reduce (LDCs') present volume of production"
(actually, though, its the price which concerns LDCs, not the volume of production). (2) Util-
ize inherent time lags in development/production to ensure that production does not exceed in-
creases in demand. (3) Use indirect techniques to control the amount of production, e.g.,
"differential levies or royalties for each of the minerals to?be recovered from nodules.'J (4)
Limit production on the basis of price decreases (the report notes negatively, however, that
"the compulsory reduction or suspension of mineral recovery from existing nodule operations
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would present a number of technical, economic and political difficulties"). (5) Use commodity
agreements (the role of which should, according to the report, "not be overemphasized").
How do you sum up Caracas at the halfway point? There is reason for some optimism,
but don't get carried away. To remind you of the many very basic problems at LOS-3, we'll
conclude this special report with a mixed bag of positions, attitudes, and ideas that are surfacing
in Caracas, or being reemphasized: Jamaica is plugging Kingston as site of the seabed agency;
the Latin group unanimously supports the proposal. A display just outside the plenary hall touts
a new waterfront development project, including a building to house the agency.
Trinidad & Tobago (supported by Jamaica) conditioned its acceptance of a 200-mile economic
zone on "recognition of preferential rights of access for every state within a region or subre-
gion to the living resources of the economic zones of the other states." Trinidad, Jamaica, and
most other Caribbean states do not fare well under a 200-mile zone with median boundary lines;
the main effect is to cut them off from existing distant water fishing areas.
Ecuador remains hardline, stating that it would ''not accept a convention which in any way
diminishes the integrity of its rights over the renewable and non-renewable resources in the
200-mile zone." At the other extreme, West Germany gave a very conservative statement,
conceding only that "if a general consensus should emerge among the Conference participants
regarding such an (economic) zone, it would not, in principle, object to discussing such a pro-
posal," but the area must ''retain the status of high seas, thus preserving the freedom of
navigation."
Cuba has been included in the Latin American group, over the objection of Chile (their
participation is apparently limited to LOS-3, however).
The highest profile "bloc" so far is the geographically disadvantaged nations. They flexed
their muscles on the voting issues before accepting the compromise grudgingly. The group is
chaired by delegate Lenore Emich of Austria, and has articulate spokesmen, especially the dele-
gation of Singapore. Numbering close to 50 states when you count land-locked, shelf-locked,
and short coastline nations, this is obviously a force to be reckoned with at LOS-3.
Singapore's definition of "geographically disadvantaged states" includes (in addition to
land-locked states) "island states in the Pacific area" (because of their isolation) and "states
that are physically unable to claim an economic zone and those states which, although able to
claim an economic zone, would not find it economically meaningful to do so." That definition
makes for a whopping total of states
In his plenary statement. Jack Davis of Canada supported economic controls for the sea-
bed agency as well as the position of archipelagic states (on the latter he observed that "Canada
is itself an archipelagic state...the Arctic archipelago is a classic example of a special area
requiring special treatment"). India (also claiming now to be an archipelagic state!) announced
its first successful conshelf petroleum discovery -- 110 miles offshore in 64 meters of water.
In its general debate statement, D nmark said it "cannot accept" proposals (presumably
including that of the U.S.) for exclusive host state management of anadromous species: "It is
a special problem which only concerns relatively few countries, not suitable for regulation in
a global convention."
SO4
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Volume 16, Number 30, July 26, 1974
JAPAN CONTINUES TO TAKE A HARD LINE on the question of the 200-mile economic zone.
OSN's correspondent in Caracas at the Third U. N. Conference on the Law of the Sea (LOS-3)
reports the Japanese feel such a zone is not acceptable for fisheries, although it is all right for
minerals. Twelve miles is the maximum acceptable fishing zone for the Japanese, who argued
for a "just and equitable distribution or allocation" of living resources from the area beyond
12 miles, favoring regional and international management approaches: "We have consistently
expressed our opposition to the establishment a exclusive rights of coastal states over fishery
resources in a zone extending far beyond the limit of the territorial sea. It is the view of the
Japanese delegation that such extension would result in a very inequitable situation in which a
limited number of countries having fertile fishing grounds off their coasts would gain at the ex-
pense of the interests of other states." The stated reasons for Japan's position -- its interest
as a distant water fishing state, and the need to avoid underutilization of fishery resources.
At the other extreme of the scale of economic development, Lesotho (most impoverished
of the landlocked) argued strongly against the economic zone proposal. It would, they contended,
constitute "annexation or nationalization" of the seas and might lead to a sea-oriented "colonialism!'
on the part of developing nations. They advocate "regional economic zones," with preferences
for states of the region, including landlocked states.
It also seems to be dawning on some coastal states that the 200-mile economic zone only
promises that the relatively rich get relatively richer. "Regionalism" is the immediate re-
sponse, as have-not states seek to share in their neighbors' bounty. Of course, most states
donot have abundant living or non-living resources off their coasts, so that 200 or even 2, 000
miles may not do them any economic good. The economic zone remains definitely "in," but
shifts among the less developed countries may give it some new twists before LOS-3 is over.
Committee work at LOS-3 moves ahead. In Committee 1 the main issues have been clearly
identified: (a) the nature and composition of the organs of the seabed authority; (b) the system
to be used for allocating exploitation rights; (c) how to handle the problem of economic implica-
tions for mineral exporting states; and (d) the drafting of rules and regulations to implement the
general principles of the regime.
The "licensing" versus "enterprise" argument continues with very little evident support
for the U.S. "non-discriminatory licensing" position. In its Committee 1 speech, the U.S. ex-
pressly rejected the "parallel" or "dual" system by which the authority would issue licenses or
operate the area itself. Peru had earlier made a similar rejection, holding fast to its position
that the authority should be the exclusive operator in the area. Japan backs a system which
makes "full use of the efficiency of private enterprise while avoiding the inefficiency of bureau-
cracy." They favor the licensing system. Nigeria suggested that the seabed regime "be run
like a business whereby those with technology will be encouraged and compensated, while other
nations share equitably in the benefits." The Nigerian proposal was to use a licensing system to
begin work. Then with the revenues gained from that phase the Authority would undertake opera-
tions itself.
The economic implications of seabed mining have been analyzed by the U. N. Conference
on Trade & Development (UNCTAD). Studies on cobalt, copper and manganese have been intro-
duced at Caracas, while one on nickel is not finished yet. UNCTAD concludes: (1) Seabed
mining will mostly benefit consumers who are "by and large" industrial users in developed na-
tions; (2) The effect on all mineral exporting states will be that revenues will grow less rapidly
or even decline; (3) This impact will be particularly serious for developing mineral exporting
states because they depend more heavily on such exports than do developed countries with diver-
sified economies; (4) A "compensatory" approach (payoff for land-based mining export revenue
loss due to seabed mineral mining) would be unworkable because of a lack of funds in the Sea-
bed Authority; and (5) If compensation in some form is to be made, LOS-3 must arrive at a
system of measures applicable in advance of production, either (a) through commitments of
developed nations to make good any mineral export losses of developing nations resulting from
seabed mining, or (b) by establishment of floor prices for such mining products.
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The U.S. challenged the validity of some of the assumptions made in the UNCTAD studies
and reserved its right to question the UNCTAD materials when the issue comes up for discussion.
In its subsequent Committee 1 speech, the U.S. commented that production/price controls "may
well decrease the benefits available from the sea including the benefits to consumers every-
where from the availability of a new supply of nickel and copper and the products made from
those metals."
Volume 16, Number 31, August 2, 1974
OBSERVERS OF THE GOINGS-ON AT CARACAS WORRY that over half of the 70 days allotted
for the session have passed -- without apparent progress on substantive issues. Virtually all
the effort to date (OSN,14&28Jun, 12, 19&26Ju1) has been devoted to procedure, organization and
general debate. Nothing has been submitted to the Drafting Committee that could produce a
treaty. Yet, how realistic is it to ask for a "Treaty of Caracas" or even for finished treaty
articles from this Third U. N. Conference on the Law of the Sea (LOS-3)?
And. is Caracas just a replay of the Seabed Committee preparatory sessions of Geneva
and New York City (OSN,7,141k21Dec73)? If so, then is there any real chance of reaching any
accords at Caracas -- or Vienna?
Already there is corridor talk of a post-Vienna session! That is, Caracas in '74; Vienna
in '75; and Nairobi in '76. Arvid Pardo, for example, the architect of the "common heritage"
principle, believes there are only "limited chances for partial agreements" by the end of the
Vienna session next year. Optimists who have hoped for more from Caracas note only rhetoric
by a few delegations about being ready to negotiate now, but mostly Caracas is an exhibition for
the old and usually inflexible positions. The old wine is being served up in new jars -- the
"consolidation and consensus" process described in 19Jul issue of OSN affords a new framework in
which the long held positions of nations on the variety of issues before LOS-3 can be and have
been restated and reordered. But substantive changes in position, indications of a willingness
to trade one interest for another, or agreement on a single article by consensus -- all are miss-
ing so far.
Conference critics point out that the only people who really need rapid conclusion of LOS
agreements are the U.S. and a few other maritime, technological, and fishing powers. Because
these nations constitute a very small minority (so the argument goes), and because the vast ma-
jority probably best serve their national interests by delaying agreement, there is no way to
force LOS-3 to real, productive work. The big powers have nothing whatever to trade or offer
for the objectives they seek (straits passage for military vessels and aircraft, international re-
sidual rights in the economic zone, a non-discriminatory licensing system for seabed minerals,
compulsory dispute settlement). The exclusive economic zone already has the acquiescence of
the majority of nations and, in any event, the major powers apparently lack the will to contest
assertions of 200-mile resource (and other) jurisdiction with force.
So what is there for the less developed countries to extract from the U.S., the U.S.S.R.,
Japan, and the Western Europeans? The LDCs already have (or can have for the taking) econo-
mic zones in which they'll probably hold residual powers for matters relating to scientific re-
search, pollution, and the like; innocent passage through straits adequately protects LDC inter-
ests in commercial maritime transport; and they'll get a seabed regime which will protect their
land based mineral economies and will give them great political influence (if not economic gain) "
over seabed mining. What more could they want? is the question, and they get it best (is the
charge) by frustrating progress at LOS-3. Paul Engo of Cameroon summed it all up magnificent-
ly in his report to the Plenary concerning progress in Committee 1 (he is chairman). He admitted
that although there was "motion," there was little if any progress, and that the delegates ap-
peared to be operating in a fog."
A widely understood -- but not explicitly stated -- principle governing the lack of negoti-
ations at LOS-3 is that no progress can be expected in Committees 1 and 3 until the economic
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zone concept is tied down in Committee 2 to the satisfaction of the Latins and other developing
coastal nations. Thus, even slightly progressive suggestions in Committees 1 & 3 are squelched
on the basis of "need for further study." Meanwhile, Committee 2 is mired down in general
debate and informal discussions of working papers. Absolutely no negotiating is taking place
there, and if the present schedule is adhered to, the session will close with nothing more ac-
complished than the preparation of a series of working papers which restate the positions of na-
tions in a form not dissimilar to that in last year's Seabed Committee report. Chairman Andres
Aguilar's (Venezuela) concept of reducing each of the 15 items assigned to his committee to a
few "main trends" has been thwarted by nations which seek inclusion of their own detailed pro-
posals on every item. Thus the working papers begin to more and more resemble the compara-
tive tables which were already available when the Caracas session opened.
Volume 16 Number 32, August 9, 1974
IN AN ATMOSPHERE OF GLOOM, THE U. N. LAW OF THE SEA CONFERENCE is winding up
its Caracas session -- with firm plans to move on to Vienna next year, and Nairobi (although
the Japanese have offered Tokyo) in 1976.
Committee activities can be summed up as follows: All the remaining time (Caracas of-
ficially ends 29Aug) in Committee 1 will be devoted to haggling over the enterprise vs. licensing
issue -- part of the overall seabed question. The Latins don't want to discuss detailed rules
and regulations and are using the economic implications issue to divert U.S. efforts to discuss
them. The final reading of 21 regime articles has been completed, and observers tell OSN
there aren't any meaningful changes from the text completed in Geneva a year ago. Committee
2 (territorial sea; economic zone; etc.) will finish its work with a new comparative table which
will not differ significantly from the Seabed Committee's report which was available when the
Caracas session began 20Jun. Committee 3, in one observer's opinion has actually moved
backwards (from the U. S. view), in that scientific research could end up being regulated out-
side the limits of national jurisdiction, as well as inside.
The best that can come out of Caracas in the way of international agreement, it seems to
another observer -- a "Statement of the President," which would not require ratification by the
delegates. President H. S. Amerasinghe (Sri Lanka) has suggested such a statement'should
not be confused with a declaration of principles -- that it would be a statement of the basic
issues facing the conference. Indicative of the general attitude at Caracas was the comment by
Sen. Edmund Muskie (D-ME) that the U.S. can't afford to wait for the conference to produce a
treaty, because "there will not be a treaty at the earliest before next May or June and it might
be longer than that." His view squares with last week's report (OSN, 2Aug) that Sen. Warren
Magnuson (D-WA) intends to move swiftly to pass a U.S. 200-mile zone bill.
The single most explicit event of Caracas so far is the proposal by Canada, Chile,
Iceland, India, Indonesia, Mauritius, Mexico, New Zealand, and Norway, draft articles to be
used as "a possible framework for discussion." The 9-country proposal covers tersea, arch-
ipelagic state's rights, economic zones, and the continental shelf -- yet, in such a manner
that U.S. delegation chief John R. Stevenson said the U.S. had "serious misgivings" about the
approach. Stevenson wants, for example, not general articles about the economic zone, but
"carefully drafted articles" which can be the subject of negotiation. "...we cannot negotiate
in the face of conceptual arguments that one or another idea is incompatible with the 'essential
character' of the zone. Arguments based on deductive reasoning from an abstract concept can
only move us further apart," he warned. The 9-country approach leaves out too many specifics.
Some of Stevenson's complaints: "High seas freedoms recognized by the general princi-
ples of international law" are not clearly preserved in the proposal (an obvious reference to the
straits question, among others); the lack of compulsory dispute settlement language; the failure
to include coastal state duties insuring conservation and full utilization of fish stocks.
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Probably the hardest-hitting remarks in Caracas have come from Mexican President
Echeveria, when he spoke on the developed nations' approach to LOS problems. Tuna interests
immediately reacted to his call for "complete renegotiation" of the Inter-American Tropical
Tuna Convention as soon as LOSC is concluded. (It was unclear if he meant the Caracas
segment or the whole LOS-3 procedure.) He hit particularly hard at the U.S.-U.K.-Japan
position on non-discriminatory licensing for the seabed regime -- regarding it ironic that
the same powers which sought "international standards" for the economic zone did not support
a truly "international" seabed agency. His conception of a proper seabed agency is one that
won't permit licensing to states or -- "far worse, to trans-national corporations, " a procedure
that would give rise to a "new form of colonialism" which would only benefit the industrially-
advanced nations of the world.
Volume 16, Number 33, August 16, 1974
MUCH OF THE TALK AT CARACAS NOW CENTERS AROUND THE TIMING and location of the
next session of the U. N. Law of the Sea Conference. President Amerasinghe favors an early
spring session, as do most delegates. Presumably they are thinking that this leaves time for
still another session before the General Assembly's 1975 deadline. (Many delegations express
concern over the effect of Caracas on world public opinion.) But, unfortunately, Austria cannot
offer Vienna as a site except in July-August, so the session may be held in Geneva. Wherever
located, though, the odds favor a March-April session, probably of only 6-8 weeks duration.
Meanwhile, the Caracas charade continues: In Committee 1 the group of 77 (which numbers
many more) submitted a proposal on the topic "who May exploit the area," which would authorize
the seabed agency to directly conduct or control not only all seabed mining and related activities,
but scientific research as well (this in the area beyond national jurisdiction). Other proposals
have been made to give the agency powers much beyond regulation of seabed mining. This is
probably being done only for bargaining leverage on other issues, but indicates how little advanced
from the 1970-72 period the discussions in Caracas actually are.
In Committee 2 general debate has been concluded on the territorial sea, straits, and the
conshelf (debate on the contiguous zone was deferred). The economic zone is presently under
consideration, after which there remain 11 more items, including the sensitive and likely time
consuming subjects of archipelagos and islands. After general debate on each topic, Chairman
Aguilar and his staff prepare a working paper reflecting the "main trends" in the debate; these
papers are subsequently debated tso far 'working paper' debates have dealt only with the terri-
torial sea and straits) and end up looking very much like the comparative tables which were al-
ready available to LOS-3 in the form of the Seabed Committee's 1973 Report. At the present
rate, this preliminary process will carry over to next year's session.
Committee 3 continues to muddle through alternative texts on pollution and scientific re-
search. Here, as elsewhere, the only new aspects are proposals which polarize rather than
forge consensus. For example, Canada and 9 co-sponsors introduced draft articles on a zonal
approach to marine pollution (anathema to the U.S.) which provide that within the zone the coastal
state has jurisdiction to adopt laws and regulations concerning activities of persons, vessels, in-
btallations, etc. for the purpose of protecting the marine environment and preventing pollution;
included is the coastal state's right to enforce its laws and regulations in the zone.
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Volume 16, Number 34, August 23, 1974
THE 8TH WEEK OF LOS-3 (Third U.N. Conference on Law of the Sea) saw some motion (but
no negotiating), much of it generated by the U.S. Among other things, the U.S. delegation:
introduced new comprehensive draft articles on the economic zone, fisheries, and continental
shelf; and submitted draft rules & regulations in Committee 1 to govern seabed mining.
U. S. Draft Articles: The new proposals replace earlier U.S. draft articles on fisheries
and the coastal seabed economic area. Summary of main provisions: Economic Zone
Coastal states would possess "jurisdiction and the sovereign and exclusive 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" in an area not to exceed 200 miles from
the baseline. Other rights would be included in zone jurisdiction -- specifically, pollution con-
trol and scientific research -- but these would be limited by coastal state duties and other rules
set out In earlier U.S. proposals on pollution and research. Coastal states would also be
under obligations not to interfere with navigation and overflight in the zone.
Fisheries -- The coastal state is given "exclusive rights for the purpose of regulating
fishing within the economic zone" but only subject to provisions concerning conservation,
allocation, neighboring coastal states, landlocked states, International cooperation, and
assistance to developing countries. The conservation standard would be "to maintain or
restore populations of harvested species at levels which can produce the maximum sustainable
yield," taking into account, among other items, "effects on species associated with or depend-
ent upon harvested species (which) at a minimum shall be designed to maintain or restore pop-
ulations of such associated or dependent species above levels at which they may become threat-
ened with extinction." Allocation is to be based on the full utilization principle, with states
obligated to permit foreign fishing where allowable catch is not entirely taken by their own
nationals. A preference for traditional distant water fishing efforts is included. As for
anadromous species, fishing within and beyond the zone "is prohibited, except as authorized
by the state of origin." The host state is obligated to apply the general conservation and
allocation provisions of the draft, however, which means that if U.S. nationals cannot take
all of the allowable catch other nations must be permitted to do so.
Highly migratory species are to be managed in accordance with regulations of inter-
national or regional fishing organizations, with the actual regulation being performed by
coastal states within the zone and the flag state beyond the zone. Such organizations are to
include appropriate coastal and flag states, and would be authorized to adopt allocation reg-
ulations "designed to ensure full utilization of the allowable catch and equitable sharing by
member states." The coastal state is to receive "reasonable fees for fish caught by foreign
vessels in its economic zone."
Continental Shelf -- Most of the articles track the 1958 Convention, but the seaward
limit is now defined as extending "to the limit of the economic zone or, beyond that limit,
throughout the submerged natural prolongation of the land territory of the coastal state to the
outer limit of its continental margin." The location of the latter is to be determined by an
undefined system which would "provide a precise and permanent boundary between coastal
state jurisdiction and the international sea-bed area."
The U. S. draft rules and regulations to govern seabed mining are too detailed to exam-
ine here in depth, but they are well oriented to the needs of the U. S. mining industry, a point
for which the U. S. was criticized by the less developed countries. It is quite possible that
debate on the U.S. proposal (plus a working paper outlining the issues involved in "conditions
of exploitation" prepared by Christopher Pinto, chairman of the informal sessions of Com-
mittee 1) will consume much of the rest of the time at Caracas. Procedurally, this is good
for the U. S. because inclusion of detailed rules and regulations in the treaty is a critical
aspect of U.S. seabed policy.
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Volume 16, Number 35, August 30 1974
LOS-3 IS OVER IN CARACAS WITH NO DECISIONS HAVING BEEN TAKEN on substantive mat-
ters. The only agreements of the 3rd U. N. L.aw. of the Sea Conference were the adoption of the
rules of procedure and selection of a date and place for the next session of LOS-3, Geneva,
17Mar-3May75. The best that can be said for the Caracas meeting is that it accomplished some
useful preparatory work. As a result of the efforts of the three main committees, there are
now alternative treaty texts on almost all of the issues facing LO6-3. Unfortunately, this pro-
cess did not bring the nations involved any closer to agreement. In its final week in Caracas
LOS-3 also agreed that if a treaty were negotiated at Geneva a subsequent session would be held
in Caracas for the purpose of signing the treaty. Thus the Latins may have a "Treaty of Caracas."
However, President Amerasinghe opined at a closing session that two post-Geneva ses-
sions may be required to secure agreement. If the Geneva session is no more productive than
Caracas it is virtually certain that the U.S. will adopt a 200-mile exclusive fishery zone and
probably a deep sea bed mining bill in 1975, thus scuttling for the foreseeable future the pos-
sibility of reaching broad international agreement on law of the sea issues. H. Gary Knight of
Louisiana State U. predicted to OSN that the future development of the law of the sea from that
point forward will be by the customary law process, as nations engage in unilateral actions
and have their claims accepted or rejected -- a course of action fraught with conflict potential.
To most participants in the Caracas session the outcome was "disappointing," "disillu-
sioning, " "a debacle, or worse. However, the U.S. negotiators continue to show an optimis-
tic public face and can be expected to turn their efforts to (1) defending their performance at
Caracas before the Senate Foreign Relations and House Merchant Marine Committees, and
(2) opposing adoption of the 200-mile exclusive fishing zone bill by the Senate. For background
on LOS-3, see "Caracas 74" and 'TU. N. Source Documents on Seabed Mining, " available from
Nautilus Press at $25 each.
Volume 16, Number 36, September 6, 1974
CONCLUDING OSN'S EXCLUSIVE WEEKLY COVERAGE OF LOS-3, here's a wrap-up of the work
of the committees at Caracas (The Third U. N. Conference on the Law of the Sea -- LOS-3 --
20Jun-29Aug):
First Committee (seabed regime) saw the introduction of four separate proposals for rules
and regulations to govern seabed mining, submitted by the U.S.. the Group of 77, the EEC na-
tions, and Japan. An informal working group under the chairmanship of Christopher Pinto (Sri
Lanka) was created, and presumably this workthg group will continue to thrash out the problems
of rules and regulations in Geneva (17Mar-3May). At the end of the Caracas session the posi-
tions were as much polarized as at its outset -- the major technological powers seeking a seabed
authority which would issue licenses to companies on a non-discriminatory basis pursuant to a
comprehensive mining code, and the developing countries holding out for a monopoly seabed
agency, with general guidelines inscribed in the treaty, empowered to enter into whatever ar-
rangements for the exploitation of manganese nodules it viewed appropriate.
The Second Committee (tersea, economic zone, etc.) completedgeneral debate on all 15
agenda items before it and chairman Andres itguillar (Venezuela) also finished drafts of working
papers containing alternative treaty articles reflective of main trends on each of the 15 subject
matter issues. Thus, when the Geneva session opens, there will be available for review a set
of alternative treaty texts on all of the critical issues before the Second Committee (economic
zone, continental shell, straits passage, preferential fishing rights, etc.). The basic economic
zone issues have been clearly identified. Among them: (1) Some states want to agree first on the
broad concept of an economic zone without reference to the details of the regime; others (parti-
cularly the U.S.) say they cannot agree to the concept alone, but must have all coastal state
duties as well as rights spelled out.
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2 Some nations prefer that all rights in the zone not expressly granted to coastal states
or the international community be reserved to the coastal state; others (especially the U.S.) would
like to see this "residual authority" be beyond the competence of the coastal state. (3) On fish-
eries, the major issue is "exclusive" versus "preferential" fishing rights. Some nations want
outright sovereignty over the zone while others would be satisfied with exclusive rights -- in
either case distant water nations would be at the mercy of the coastal states for access. The
preferential rights advocates would place an obligation on the coastal state to admit distant water,
fishing efforts when the allowable catch was not entirely taken by the coastal state. (4) Land-
locked nations of each region seek a sharing of living (as well as non-living) resources taken
from the economic zones of their coastal regional neighbors. (5) Many nations view control
over scientific research and pollution in the zone as a necessary incident to their resource juris-
diction. Others (including the U.S.) want to apply separate, functional regimes for research and
pollution, not necessarily linked to the resource jurisdiction aspect of the zone.
Peoples Republic of China. addressing Committee 2 on the economic zone question, accused
the "superpowers" of attempting to restrict developing country sovereignty over resources in the
economic zone. Taking the position that coastal states must have exclusive rights in the zone
(including power over pollution and scientific research), China strongly opposed creating an ob-
ligation to permit access by distant water fishing states where allowable catch was not taken by
the coastal state. In the Chinese view, the "superpowers" were seeking, through their proposals
for preferential coastal state fishing rights, to "deny the exclusive character of the exclusive
economic zone." Striking at the U.S. position on straits, China expressed its opposition to any
"preconditions" on the acceptance of the economic zone principle, referred to the U.S. package
as "blackmail," and argued for a distinction between merchant vessels and warships as regards
a straits passage regime.
The U.S. defended its straits position for the nth time in Committee 2, addressing con-
cerns expressed by straits states on national security, safety of navigation, and pollution matters.
The package does not seem to be selling! In response to U.S. assurances that nuclear subs na-
vigated more safely in submerged mode (a very questionable assertion), the Egyptian delegate
inquired "safer for whom -- the crew or the population of the coastal state?" The U.S. appears
to be on the i'AieS?doncernirig the military aspects of its passage and overflight deniiidSSg--
nificant number of nations have expressly taken the position in Committee 2 that passage for
merchant vessels should be separated from military passage; these nations favor unimpeded
transit for commercial purposes, but seek restrictions on military vessels, including in some
cases a requirement of prior authorization for straits transit. Thus although some version of
"free transit" seems assured for merchant fleets.(with appropriate Thus,
for coastal state
environmental and other concerns), the fate of military submerged passage, and overflight as
well as traditional navigation through straits, is in substantial doubt.
Mexico submitted a formal proposal in Committee 2 providing that; "No state shall con-
struct or erect military installations or appliances on the continental shelf of another state with-
,' out its consent." This would, of course, cover anti-submarine warfare tracking and detection
? devices, and developing country support for the proposal was well orchestrated.
Senator Stevens' (D-AK) comments on Japanese fishing irregularities in the North Pacific
brought response from the Japanese, including members of the Diet. Legislator Masayoshi Ito
rebutted Stevens' allegations that Japan was dangerously reducing stocks of Alaskan halibut, sal-
mon, and pollock within 200 miles of the U.S. coast. Interestingly, Ito admitted that Japan is
already paying fees for access to African countries' unilaterally declared economic zones, but
suggested that "rich countries" such as the U.S., Canada, and the U.S.S.R. would not ask Japan
to "pay for rights to fish" in their waters should the 200 mile economic zone be adopted by them.
411
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In the Third Committee (scientific research, pollution), draft alternative articles were
completed on most of the issues involved in pollution and scientific research. The developing
countries are still holding out for the "double star-19rd" with respect to protection of the marine
environment, contending that overly restrictive environmental protection measures may inhibit
their economic development. A range of alternatives is reflected in the articles on scientific
research, running from a requirement of absolute consent of the coastal state to total freedom
of research. The U.S. position appears to be in the center in this range, but there is no con-
sensus on any of the proposals. The basic views on scientific research in the economic zone
remain unchanged and there is a substantial move afoot to give the seabed agency control of
scientific research in the area beyond national jurisdiction. Major technological powers favor
free access to the zone for research (at least with respect to research unconnected with resource
exploitation). Developing coastal states present a variety of mechanisms for coastal state con-
trol, ranging from a consent system in which "consent shall not normally by withheld" to an ex-
clusive and absolute right of the coastal state to conduct or authorize scientific research inthe zone.
Nigeria submitted the first formal proposal on technology transfer, providing for the estab-
lishment of "Regional Scientific Research Centers," to be sub-organs of the seabed agency, which
would be responsible for advanced training and education, management studies, and publication
of results of research. (For the LOS-3 story, order "Caracas 74" and "U. N. Source Documents
on Seabed Mining" from Nautilus Press, $25 each).
41111110ftaft?
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