LAW OF THE SEA COUNTRY STUDY U.S.S.R.
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Document Number (FOIA) /ESDN (CREST):
CIA-RDP86T00608R000600110003-2
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RIPPUB
Original Classification:
S
Document Page Count:
97
Document Creation Date:
November 11, 2016
Document Release Date:
March 1, 1999
Sequence Number:
3
Case Number:
Publication Date:
April 1, 1975
Content Type:
STUDY
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rp~ed ~:F~lease 1999/09/26.:.CIA-RQFj$6500608R000600110003-2
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No Foreign Dk,?am
Law of the Sea Country Study
U.S.S.R
0
BGI LOS 75.6
April 1975
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NATIONAL SECURITY INFORMATION
Unauthorized Disclosure Subject to Criminal Sanctions
Claeslfled by 019611
Exempt from General Decloeeilleotlon Schedule
of E.O. 1'652, exemption calegoryt
?51(1) (2), o,d (3)
Autematicelfyy declassified ont
dale impossible to determine
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No Foreign /)Gs. cm
O
The Law of the Sea Country Studies are prepared to support
the NSC Interagency Task Force on the Law of the Sea. The
countries to be included in the series are selected on the
basis of priorities suggested by the chairman of the Task
Force.
0
Each study has two parts. Part I is an analysis of the
primary geographic, economic, and political factors that
might influence the country's law of the sea policy, the
public and private expressions of that policy, and a brief
biography of the key personalities involved. Part II provides
basic data and information bearing on law of the sea matters.
This study was prepared by the Office of Geographic
and Cartographic Research. Biographic support was provided by
the Central Reference Service. The study was coordinated
within the Directorate of Intelligence and with the Depart-
ment of State. Comments and questions may be directed to the
LOS Country Studies Working Group, Code 143, Extension 2257.
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No Foreign l)iSSCHi
CONTENTS
Part I - Law of the Sea Analysis
Summary .................................................... 1
Factors Influencing LOS Policy .............................. 2
Law of the Sea Policy .... ................................. 7
Key Policy Makers, LOS Negotiators and Advisers ............ 24
Biographic Sketches ........................................ 31
Part II - Background Information
Basic Data ................................................. 46
Conventions . ......................................... 48
Present Ocean Claims . .. .......................... 52
Action on Significant UN Resolutions ....................... 56
Membership in Organizations Related to LOS Interests ....... 57
UN LOS draft articles submitted by U.S.S.R.
Maps: U.S.S.R. Marine Limits
Theoretical Division of the World Seabed
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No FO Cign I)i rin
U.S.S.R.
Part I -- Law of the Sea Analysis
While taking new and more liberal stances on various LOS issues
at Caracas, apparently in a desire to display political accommodation
with the dcieloping countries, Soviet delegates persistently tied
the acceptance of any given proposal to general acceptance of a
wide spectrum of proposals in which the U.S.S.R. has an interest.
Thus its acceptance of an economic zone is conditioned by interna-
tional acceptance of Soviet-approved proposals on such matters as
the breadth of the territorial sea and freedom of passage through
international straits.
A. SUMMARY (U)
The U.S.S.R. has played an active
role in support of conservative Law
of the Sea (LOS) proposals. As a
major maritime power, it benefits
from use of the existing international
order on the high seas and has tended
to try to contain proposals for change.
When this has proven difficult or
impossible, it has acquiesced slowly
and cautiously, relenting only to
the extent necessary.
The U.S.S.R. advocates 12 miles* as the maximum limit for the
territorial sea; the right of a coastal state to create a contiguous
zone, provided the zone does not extend beyond 12 miles from the
baseline used to delineate the territorial sea; and the general
acceptance of special conditions in the decreed Soviet sector of
the Arctic. The U.S.S.R. demands freedom of navigation for all
ships through straits that connect one part of the high seas with
another; nonsuspendible innocent passage for all ships through
straits used for international navigation between the high seas
and the territorial seas of one or more nations; and the recogni-
tion that the legal regime of certain straits is regulated by inter-
national agreement. The U.S.S.R. maintains that the regime in
archipelagic waters should be considered in conjunction with such
related issues as the breadth of the territorial sea and transit
through straits.
* Distances and areas throughout this study are in nautical miles
unless specified otherwise.
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The U.S.S.R. in 1974 indicated will-iri,,ness to delimit the
continental shelf by use of either a 500-meter or a 200-mile formula.
It has also proposed the creation of 200-mile economic zones, giving
coastal states sovereign rights over all the natural resources
in the zooo, conditional upon acceptance of Soviet proposals on-
the basic questions of the law of the sea.
The Soviet proposal on the exploration and exploitation of
the deep seabed envisions peaceful, equitable, and rational devel-
opment under the supervision of an international authority, limited
in scope and designed to promote cooperation among member states.
The competence of this organization would be restricted to questions
concerning the exploitation of seabed resources beyond the limits
of coastal state jurisdiction. It would be empowered, however,
to contain the influence of private or international organizations.
At Caracas the U.S.S.R. indicated preference for a convention
that would guarantee the right of coastal states to take measures
to protect their territorial waters from pollution and to allocate
responsibility for violations. It also indicated that it did not
favor proposals to give states "full legal jurisdiction over the
200-mile zone off their coast," apparently in the belief that this
could be detrimental to fishing and international navigation.
The U.S.S.R. supports freedom of research in all ocean space
with the exception of internal and territorial waters and the bed
and subsoil of the continental shelf, which is considered to be
under the jurisdiction of the coastal state.
B. FACTORS INFLUENCING LOS POLICY (S/NFD)
Special Geographic Features
Soviet LOS policies reflect the nation's geographical environment.
The country occupies the most extensive and continuous landmass in
the world, spanning 170? of longitude across the northern part
of the Eurasian continent. So vast is the area that the U.S.S.R.
deemed it necessary to develop portions of the Black Sea, the Baltic
Sea, and water bodies situated along the Arctic and Pacific coasts
of the country as independent maritime areas, each with its own
merchant and naval fleets and port system.
The severe weather along much of the U.S.S.R. coastline has
restricted settlement, handicapped economic development, and compli-
cated port operations almost everywhere, other than along the Murmansk
coast. While the ice factor bears most heavily on operations in
the Arctic and in the Far East, it also restricts activities in
the Baltic and Black Seas. Some Baltic ports may be closed for as
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much as three months, and in the Black Sea icebreakers may be
necessary to keep certain ports and their approaches clear during
the mid-December-mid-March period.
Soviet concern about freedom of passage through international
straits and freedom of the high seas unquestionably stems from
the geographical position of ports located on the Black, Baltic,
Barents, and White Seas. The bu'ik of Soviet maritime trade passes
through these Worts, all of which are so situated that to reach
the high seas from them Soviet vessels must traverse waters that
may be either controlled or monitored by others. This is not as
much of a problem in the Far East, where the U.S.S.R. is in command
of major straits leading to the Pacific.
Uses of the Sea
Mineral Resources -- Much of the country's extensive continental
shelf appears to be structurally favorable for the accumulation of
petroleum and natural gas. To date, however, exploration for under-
water hydrocarbons has been limited primarily to the Caspian Sea,
where test drilling dates back to the early 1920s and production
to the late 1940s. Known general geological conditions suggest
that significant oil and gas accumulations may exist on the shelf
of the Arctic and the Far East coasts, particularly in the vicinity
of northern Sakhalin, where survey work is now underway. Nevertheless,
the exploration of underwater hydrocarbon resources in the U.S.S.R.
remains centered in the Caspian, where output approximated 12 million
tons in 1972.
Despite ample supplies of land-based mineral resources, the
U.S.S.R. anticipates full involvement in nodule extraction from
the deep seabeds. In 1971 a Marine Exploration Division was set
up in the Ministry of Geology to coordinate undersea mining and
to assess the extent of continental shelf mineral resources. The
assessment involved the study of placer gold, rutile, ilmenite,
and tin deposits in the Baltic Sea; magnetite and titanomagnetite
deposits in the Black Sea; various ores in the Sea of Azov; tin
ores in the seas of the Arctic; and titanomagnetite sands near
the shores of the Kurile Islands. Soviet extraction of phosphate
deposits from the shelf of the Sea of Japan and tin from the bottom
of Vankina Bay along the shore of the Laptev Sea also have been
mentioned. Soviet oceanographic vessels have investigated nodule
distribution in wide sectors of the Pacific and Indian Oceans,
and there have been open statements in the press concerning the
need to develop extraction equipment. The Soviet intent to move
ahead in this field was further signaled early last year (1974)
when the construction of a metallurgical complex, designed to process
materials of marine origin, was anncinced in Primorskiy Kray.
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Living Resources -- The U.S.S.R. began to develop its distant-
water fishing apailities at the end of World War II. Now, three
decades later, the Soviet fishing fleet, numbering some 4,400 vessels
and accounting for at least 54% of the fishing fleet tonnage of
the world, plies the major fishing beds of the globe to take about
13% of the world catch annually. Production in 1973 amounted to
about 9 million metric tons, and it may reach 10 million metric
tons in 1975. Underlying this development is the need for additional
protein foods in the U.S.S.R., where fish products provide some
one-third of the animal protein consumed and about 15% of all the
protein available in the Soviet diet.
The creation of a 200-mile economic zone could affect a large
part of the Soviet fishing fleet, since about half of the 1973
catch was taken with1n the 200-mile limit of foreign nations.
In an effort to forestall losses, the U.S.S.R. has fostered extensive
foreign assistance and joint development programs. In October 1973
it was reported that the U.S.S.R. had granted since 1958 over $113
million in fisheries aid to 22 countries, 14 of which border the
Indian Ocean. More recently, emphasis has been channeled to the
formation of joint companies -- in Europe, North America, and South
Asia -- in an effort to assure that the U.S.S.R. will continue
to take a substantial portion of the total world catch.
Naval and Maritime Activity -- By virtue of-its powerful fleets,
the U.S.S.R. ranks as one of the leading maritime nations of the
world. Prior to 1964, ships of the Soviet Navy rarely ventured
outside their home waters, but since then they have been regularly
deployed throughout the world ocean, as have those of the merchant
marine. The Soviet Navy has been substantially strengthened by
a systematic construction program. Currently, emphasis is being
placed on the construction of guided missile cruisers, frigates,
destroyers, and patrol boats; mine warfare ships; logistic support
ships; nuclear-powered ballistic missile and cruise missile sub-
marine;; and an aircraft carrier to serve vertical or short-take-
off ani landing aircraft and helicopters.
The growth of the merchant marine has also been substantial,
the total number of ships increasing from less than 450 in 1950
to more than 1,500 today. During thj current Five-Year Plan (1971-
75) some 550 new ships, totaling 5.3 million dead weight tons (dwt),
were to be added; as of early 1975, however, it seems unlikely
that construction goals will be reached. Planned additions included
several container ships, ore carriers, the first oil and ore carrier,
tankers, and the passenger ship Belorussiya. The first Soviet
supertanker, the 150,000-ton Kr n, is pected to go into operation
shortly, and plans for even larger tankers are now being laid.
The U.S.S.R. appears determined to move its seaborne tonnage, to
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the degree possible, in Soviet bottoms, thereby conserving foreign
exchange. In 1973, for example, Soviet ships accounted for 91%
of U.S.S.R. maritime freight turnover, while completing about
27,000 voyages to ports situated in more than 100 states.
Oceanological Activity -- Soviet oceanological research efforts,
geographically widespread and diverse, are supported by the world's
larnest oceanographic fleet. Comprised of 265 ships in 1973, this
fleet is variously subordinated to naval, civil, and fishing services,
where it satisfies a wide spectrum of priority requirements, military
and otherwise. The 24th Party Congress directives provided guidance
for the expansion of scientific research into the use of maritime
resources and for survey and reconnaissance work in the shelf
zones, all of which was then detailed in the specifics of the
current Five-Year Plan (1971-75).
Significant attention is focused on the survey of resources
and the development of plans for their exploitation. Geological
studies have been and continue to be made in several of the bordering
seas, particularly the Black, Chukchi, Bering, and the Sea of Okhotsk.
Major efforts are also being made to support the marine fishing
industry, to study marine flora and fauna, and to develop a practical
maritime food protein technology. Other major efforts include
an underwater detection program; the study of internal waves,
turbulence, and hydro-optics; synoptic studies of large ocean and
sea areas; seismic studies in the Indian and Pacific Oceans; and
a wide gamut of oceanographic studies, which have included the
study of nodules on the deep seabeds of the Pacific and Indian
Oceans.
While a large part of the Soviet oceanologic research program
has been pursued independently, the U.S.S.R. is a participating
member of most of the prominent international oceanographic organi-
zations. In recent years one of the most significant developments
has been the increased Soviet interest in cooperative surveys,
international projects, and the foreign exchange of data. Agreements
of this type have brought Soviet scientists into cooperative work
with their counterparts in the United States and in a number of
other countries. 'heir decision to participate in the Joint Oceano-
graphic Institutions for Deep Earth Sampling (JOIDES) project with
five U.S. research institutes is noteworthy. No less significant,
however, are agreements with smaller nations that are designed
to provide for studies of the waters of the North Atlantic, Southeast
Pacific, and the Indian Ocean.
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Political and Other Factors
The U.S.S.R., a member of the "Group of Five" (a group of
technologically developed nations that also includes the United
States, Japan, the United Kingdom, and France), is a decidedly
conservative, but not inflexible, force in LOS circles. It has
generally stood to defend traditional concepts of freedom on the
high seas, and it has consistently advocated the containment of
coastal state authority. Soviet speakers early in the negotiations
seemed particularly suspicious of proposals dealing with the estab-
lishment of an international authority, it being, in their minds
at least, potentially fraught with complications.
Thus while championing the cause of the small, the underdevel-
oped, and the landlocked states, the Soviet Union has at the same
time energetically sought to maintain the advantages that naturally
accrue to it as a major world power. As one competent source has
stated, "More than most nations, the Soviet Union stands to lose
by the emergence of a new ocean legal order which would replace
high seas freedoms with control by either coastal states or an
independent ocean authority." This same observer sees the Soviet
effort as an attempt to guarantee its use of the ocean by:
-- proposing new rules of international law
that would protect freedoms of the high
seas, and
-- opposing or modifying proposals that
would put the oceans under the control
of coastal states or an international
authority.
Underlying U.S.S.R. LOS policy is a fundamental concern for
the security of certain strategic seas and straits through which
its various fleets must pass in order to reach the high seas.
In this sense particular importance is placed on the Barents and
No,?wegian Seas, the Danish Straits, and the Bosporus and the Darda-
nelles. The U.S.S.R. has been and continues to be sensitive to
any proposals, direct or indirect, that might threaten the status
quo of these or similar bodies of water. This concern is also
reflected in official Soviet attitudes toward measures that might
endanger the normal flow of international traffic anywhere else
on or near the world ocean.
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C. LAW OF THE SEA POLICY (S/NFD)
Territorial Sea
The U.S.S.R. has continuously supported the concept of the
? 12-mile territorial sea. This position has evolved out of policies
that had their origin in Tsarist times. A decree of 10 December
1909 established a 12-mile customs belt, and on 29 May 1911, a
12-mile limit was established along the Pacific coast to regulate
fishing. Soviet authorities built on this base in 1921 to estab-
lish a 12-mile fishing zone in the Arctic Ocean and the White
Sea, and in 1927 they established the state boundary at the outer
limits of the 12-mile zone. The 1960 statute on the state boundary
reiterated earlier Soviet claims in more specific terms -- the
12-mile territorial sea being calculated from the line of lowest
ebbtide on the mainland and around islands or from the line of
the farthest extremity of internal sea waters.
The U.S.S.R. considers those gulfs, bays, inlets, and coastal
lakes whose seaward openings do not exceed 24 miles in width as
internal waters. At various times certain historic bays or claimed
seas, including the Caspian Sea, the Sea of Azov, the Gulf of Riga,
the White Sea, Cheshskaya Guba (gulf), the Kara Sea, Laptev Sea,
? East Siberian Sea, Chukchi Sea, Chaunskaya Guba, the Sea of Okhotsk,
and Zaliv Petra Velikogo (Peter the Great Bay) also have been designated
internal waters. These waters have not been discussed specifically
in these terms during the LOS negotiations, and it may be that
the Soviet stand on closed or historic water bodies -- except ;possibly
for the Sea of Okhotsk and Peter the Great Bay -- has shifted.
The status of the former remains indefinite, thus contributing
to the complication of Soviet-Japanese maritime relations, but
the latter -- providing the approach to Vladivostok -- is still
zealously administered as an internal body of water.
The U.S.S.R. has concluded agreements on offshore boundaries
with most of its neighbors, in some cases having adjusted its policy
on territorial waters to accommodate specific situations or conditions.
Under the terms of the 1940 peace treaty with Finland a 3-mile
limit was established to the north of Sursari Island in order to
secure freedom of passage for vessels sailing in that area. The
division of the territorial waters on the Gulf of Finland was
accomplished by agreements concluded with Finland in May 1966 and
May 1967. A protocol between the U.S.S.R. and Poland, reached
in 1958, delimited Soviet territorial waters in the Gulf of Gdansk.
Similar agreements were reached with Norway in February 1957 and
with Turkey in April 1963. Median lines form the boundaries between
territorial waters in the strait between Hokkaido and the southernmost
part of the Kurile Islands ind in the Bering Strait. A special
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30-mile zone was established around the Komandorskiye Ostrova
(islands) in January 1970, and at the same time shipping was banned
from the area in an effort to protect the dwindling herds of Pacific
seals and Kamchatka beavers. In the Caspian Sea, an arbitrary
line between the eastern and western termini of the Soviet land
boundary separates Soviet and Iranian waters.
Soviet LOS negotiators have sought maximum protection for their
territorial waters as they have attempted to minimize foreign claims
that might constrict Soviet maritime activities. They have done
so to protect their national interests in transportation, communi-
cations, commerce, and fishing. Of particular Soviet concern are
proposals which would broaden the territorial sea up to a maximum
of 200 miles. The Soviets have stated that among those advocating
a 200-mile territorial sea are some who are "striving not only
to liquidate the norm of the 12-mile limit but also to violate
the very division of the sea expanses into territorial waters and
the open sea." The U.S.S.R. firmly opposes such proposals, believing
that they would inevitably complicate the administration and utiliza-
tion of the high seas.
Since World War II, Soviet sensitivity to unauthorized transit
of its territorial waters has been consistently and persistently
expressed in a number of ways. In the region of the Kurile Islands,
for example, more than 500 Japanese fishing boats have been captured
and retained by the U.S.S.R. since 1946. American Coast Guard
attempts to transit the Northern Sea Route during the 1960s provoked
Soviet displeasure, the advance on Vil'kitskiy Strait precipitating
close physical surveillance by Soviet patrol vessels and the dispatch
of strong Soviet affirmations of its authority in these waters.
More recently, on 15 March 1975, the U.S.S.R. officially protested
the violation of Soviet waters adjacent to Ostrov Zmeinyy in the
Black Sea by two American military vessels.
On 29 July 1974, in conjunction with Bulgaria, the German
Democratic Republic, and Poland, the U.S.S.R. submitted draft
articles on the territorial sea at the Caracas session of the
LOS Conference (see Annex). These articles define Soviet views
on the nature, breadth, and characteristics of the territorial
sea, and propose specific rules for the use of these waters. The
draft articles also establish the sovereignty of the coastal state
over its territorial sea, the airspace above, and the bed and the
subsoil thereof -- within a maximum of 12 nautical miles, measured
from baselines to be determined in accordance.w~th articles of
the convention and subject to the provisions of ar"cles concerning
straits used for international navigation.
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Contiguous Zone
The U.S.S.R. supports the creation of contiguous zones, provided
they do not extend farther than 12 miles from the baseline used
to delineate the territorial sea. It submitted a draft article
to this effect in Caracas on 29 July 1974 (see Annex). In the
,:ontiguous zone, the coastal state should have the right to exercise
necessary measures to prevent the infringement of customs, fiscal,
immigration, and sanitary regulations and to levy penalties against
transgressors. This draft article states that where the coasts
of two states are opposite or adjacent to each other, neither state
is entitled, failing agreement between them to the contrary, to
extend the contiguous zone beyond the median line.
The Arctic Sector
The sovereignty of the Arctic has been afforded special attention
by the U.S.S.R. On 15 April 1926, the Presidium of the Central
Executive Committee decri?J Soviet ownership of all lands and islands
within a sector bounded oy the U.S.S.R. mainland on the south,
the meridians 32?04'35"c. and 168?49'30"W., and the North Pole.
On Soviet maps the western sector line is drawn to exclude the
Spitsbergen Treaty area; the eastern line is drawn from the North
Pole to the Arctic Circle, ending in the Bering Strait slightly
east of the longitude of the U.S.-Russian Convention Line of 1867.
Although the decree refers only to "lands and islands," many Soviet
authorities have since asserted that the distinctive character
of the Arctic ice and waters gives them special rights over the
area. During the 1974 negotiations with Norway to establish a
seabed boundary in the Barents Sea, the U.S.S.R. did not specifically
mention the sector claim, although it was clearly alluded to in
the discussion of the relationship of meridians to the median line.
The comments of many Soviet authorities over the years -- particularly
with reference to the use of the Northern Sea Route suggest
that they would look with favor on the assimilation of the entire
region into the Soviet regime of internal waters.
Straits
The U.S.S.R. maintains that seaward extension of coastal state
jurisdiction mpst not be permitted to jeopardize international
traffic in straits through which merchant and military vessels
have pass.,, freely for centuries. It submitted draft resolutions
on this subject to Subcommittee II on 25 June 1972 and 17 July 1974
(see Annex). In the 1974 resolution a distinction is made between
straits that are used for international navigation "Between one
part of the high seas and another part of the high seas..." and
straits that are used for international navigation "leading from
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the hiqh seas to the territorial sea of one or more foreign
states...." The former declares that "all ships in transit shall
enjoy...equal freedom of navigation for the purpose of transit
through such straits"; whereas the latter proclaims only the non-
suspendible application of the principle of innocent passage.
The U.S.S.R. also holds that in certain instances the legal regime
of straits is regulated by international agreements.
The 1974 draft is designed to promote or perpetuate freedom
of navigation in straits that are of significant interest to the
U.S.S.R. It does not, however, materially affect the legal regime
established for straits now under the jurisdiction of the U.S.S.R.,
particularly those associated with the Northern Sea Route. Most
of the straits along this route are less than 24 miles wide and
lie within the territorial waters of the U.S.S.R. Even those that
exceed 24 miles in breadth -- such as the Laptev Strait and Sannikov
Strait, 27 and 31 miles wide, respectively -- are considered by
many Soviets to belong to the U.S.S.R. in that. they have never
been used for international navigation. Furthermore, the Soviets
claim that the natural conditions of the strait:; and the frequent
ice jams cause the legal status of these strait. to differ sharply
from that of straits being used for international navigation.
In LOS discussions, however, Soviet delegates have not addressed
the regimes of these straits.
Soviet LOS pronouncements have been directed largely toward
the defense of the status quo in the more than 100 international
straits that would be affected by a 12-mile territorial sea.
U.S.S.R. specialists have repeatedly declared that the concept
of innocent passage has never been nor can it ever be applied to
such straits as Gibraltar, the English Channel, the Straits of
Dover, the Strait of Malacca, the Strait of Singapore, and Bab-
el-Mandeb, where freedom of navigation has always been enjoyed.
Even more consequential to the U.S.S.R., perhaps, is the continued
guarantee of freedom of passage in the Turki-.h and Danish Straits,
through which Soviet vessels egress from the Black and Baltic Seas.
Soviet LOS specialists suggest that the imposition of innocent
passage in straits formerly enjoying freedom of passage would inevi-
tably lead to disagreement and, possibly, to interstate conflict.
Such a development, they say, would be contr3ry to long standing
policies. At the 24 July 1973 meeting of Seabed Subcommittee II,
Dr. Dmitriy N. Kolesnik observed that provision for freedom of
passage was established as early as 28 July 1881 by a treaty between
Argentina and Chile. According to Article 5 of this treaty, the
Strait of Magellan was "declared once and forever neutral and free
for ships of all nations...." He also cited analogous provisions
contained in the Copenhagen Treaty of 1857 (governing the Danish
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Straits) and in a number of agreements involving Gibraltar. One
Gibraltar agreement -- the trench-Lnglish declaration of 8 April
1907 -- established that "passage through the Strait of Gibraltar
shall be free," a provision reaffirmed In the French-Spanish Treaty
of 1912.
Soviet LOS delegates have expressed concern over the tendency
of some nations to ;Justify possible revision of the rules of passage
through international straits by a subjective interpretation of
the Geneva Convention of 1958. This docu?,ent, they claim, "was
not designed to determine the regime of straits connecting two
parts of the high seas - d used for international navigation."
In fact, they declare, hicause of the failure of that Convention
to clearly limit the breadth of the territorial sea, there was
no point in "elaborating detailed provisions for the regime of
international straits." Now, however, that the concept of the
12-mile territorial sea is gaining wide support, the U.S.S.R. has
deemed it imperative to establish the freedom of passage through
all straits that connect parts of the high seas as a rule of inter-
national law.
On numerous occasions Soviet specialists have spoken of the
adverse effect that closure of international straits would have
? on countries which "due to their geographical position, have no
access to the oceans other than through these straits and which
use than not only for economic purposes, but for the purpose of
their defense and security." The U.S.S.R. has proclaimed itself
the protector of the international conn.unity in this respect,
stating that it guards these interests "because the straits are
gateways through which the absolute majority of states maintain
international contacts by cooperating in different fields, estab-
lishing economic links, trading and rendering assistance." In
taking this stand the U.S.S.R. has made a conscious effort to appeal
to the landlocked states, noting that for them the "right of access
to the high seas would be practically worthless without the freedom
to navigate through these straits."
The Soviet 1974 draft considers the interests of states that
front on straits by including measures to insure their security
and well being. It would require ships passing through straits
to take all necessary steps to prevent any type of threat to the
security of coastal states. Warships, in particular, would not
be permitted to engage in any acts unrelated to transit. Ships
passing through straits would also be obliged to take precautions
to prevent pollution and to refrain from causing any other harm
to states with coastlines on the straits. If damage is done to
the coastal states, compensation is to be provided by the owners
of the ships, the ship's flag-state, or other persons responsible.
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The U.S.S.R. has privately insisted on free and unimpeded under-
the-surface passage through international straits and archipelagic
waters.
Finally, Article 3 of the 1974 draft resolution provides for
the flight of aircraft, including military aircraft, in the air-
space over straits that are overlapped by territorial seas and
connect one part of the high seas with another. It penni is the
coastal state to establish air corridors and airways, specify
coninuni cation procedures, regulate the operation of military
aircraft, and collect liability for damage caused by overflight
from either aircraft owners or from the states in which they are
registered. It should be noted that this Article does not apply
to straits over which overflight is regulated by international
agreement, nor to straits that lead from the high seas to the
territorial seas of one or more foreign states. In recent months,
there have been sonic indications of Soviet softening on th;s issue.
Archipelagos
Soviet spokesmen define archipelagic states as those which
are "constituted wholly by one or more archipelagos," such as
Indonesia or the Philippines. At Caracas, Maj. Gen. Petr D.
13arabolya carefully distinguished between the "archipelagic states"
and "states with archipelagos," emphasizing U.S.S.R. opposition
to any attempt to create archipelagic regimes for the islands of
the latter. Attempts to do so, he warned, "could lead to arbitrary
action in many parts of the ocean, interference with navigation
and extension of rights over large parts of the ocean...."
The U.S.S.R. maintains that the question of the regime of
archipelagic waters should be considered in conjunction with such
related issues as the breadth of the territorial sea and transit
through straits, noting that the regime for mainland states and
their island possessions must be identical. I3arabolya declared
that the U.S.S.R. would be in a position to support the proposals
of archipelagic states "if they accepted the 12-mile limit for
territorial waters, and free transit, without exception, for ships
through archipelagic waters and through all other international
straits." He also indicated the necessity for archipelagic states
to recognize the right of unimpeded overflight. Finally, Barabolya
called for agreement on the length of baselines used to delimit
archipelagic and territorial waters, remarking that "any reasonable
limit could be considered."
During the February 1974 visit to Indonesia, Soviet LOS experts
agreed that the status of an archipelago state should not be granted
to groups of islands "not forming an independent entity," thus
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specifically excluding the islands of Greece and the Andaman and
Nicobar Islands of India. At this conference, which was largely
amiable, Soviet officials nevertheless flatly stated that there
would be no LOS agreement in Geneva "unless freedom of navigation
through international waterways, including straits, is reaffirmed."
The U.S.S.R. has remained adamant on this point. At the same time
Soviet experts indicated a willingness to accept the Indonesian
concept of "unhampered secure passage," which by the latter's
interpretation meant that no obstacles would be placed before
shipping in international straits.
Continental Shelf
Willingness to at least conditionally discuss the creation
of 200-mile economic zones has led to an erosion of traditional
Soviet policies concerning the control and use of the continental
shelf. As a signatory of the 1958 Geneva Convention, the U.S.S.R.
for several years supported coastal state sovereignty over the
continental shelf "to a depth of 200 meters, or beyond that limit,
to where the superjacent waters admits of the exploitation of the
natural resources of such areas." By a decision dated 6 February
1968, the Supreme Soviet asserted the absolute right of the U.S.S.R.
to exclusive exploration of its continental shelf beyond the 12-
mile limit to a depth of 200 meters.
Developments since 1968, particularly the growing worldwide
support of the 200-mile economic zone, have forced the U.S.S.R.
to reassess its continental shelf policy. Soviet scholars now
admit that the Geneva Convention did not precisely establish the
outward limit of the continental shelf, and they have noted that
technological advance permits resource exploitation at ever-increasing
depths. Thus the reality of improved exploitation capabilities
and the tendency of coastal states to claim more and more of their
continental margins, made it imperative, from the Soviet view,
to redefine the outer margins of the continental shelf. This
it did in a draft proposal presented to Subcommittee II on 13 July
1973 (see Annex),
This draft sought to move the outer limit of the continental
shelf from the 200- to the 500-meter isobath. In recognizing
that the latter is not uniformly distanced from the coast, the
draft further provided that "where the 500-meter isobath ... is
situated at a distance less than 100 nautical miles measured from
baselines from which the territorial sea is measured, the outer
limit of the continental shelf may be established ... by a line
every point of which is at a distance from the nearest point of
the said baselines not exceeding 100 miles." The draft also stated
that in areas where there is no continental shelf, the coastal
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state may have the same rights on the seabed as it would have had
on the continental shelf.
The U.S.S.R. in 1973 held that the outer liii t of the conti-
nental shelf "must be fixed in such a way that part of the geological
elements of the terrestrial crust containing latent reserves of
hydro-carbons -- coal, petroleum, and gas -- was included in the
international area and was accessible to states which did not have
a continental shelf, or whose continental shelf did not contain
any minerals or very small quantities of them." They stated that
"an optional limit of that nature" could be established at the
500-meter isobath, "which, in many regions, would correspond to
the limit of the continental shelf in a geomorphological sense of
the term and would include only the uppermost part of the continental
slope." The greater part of the slope, they claimed, and the whole
of the continental rise would be included in the international
area. In advancing these proposals, the U.S.S.R. simultaneously
opposed a 200-mile limit on the continental shelf. Such a limit,
it warned, would place under the control of the coastal states "93
percent of the total volume of hydrocarbon resources, including
both those which had already been discovered and those which would
become exploitable in the near future."
At the 1974 Caracas LOS session, the U.S.S.R. modified its
policy again by indicating its readiness to recognize the right
of coastal states to establish 200-mile economic zones, "if a
mutually acceptable solution was found to the basic questions of
the law of the sea ...." It also indicated that the coastal state
had the right "to establish the outer limit of the shelf within
200 miles from its coast or within the 500-meter isobath line,
whichever it chose." In discussing this broadened and liberalized
Soviet view, delegate Stepan V. Molodtsov claimed that these criteria
(200 miles and/or 500 meters) would protect the interests of both
wide-shelf and narrow-shelf states. He reserved the right of his
delegation to define its position further, however, particularly
with respect to safeguarding Soviet interests in the exploration
and exploitation of mineral resources on the shelf adjacent to
U.S.S.R. territory "since there seemed to be a group of countries
which would deny to States the right to exploit the mineral resources
of the seabed beyond the limit of the continental shelf...."
Soviet LOS delegates have been sensitive to comments by the
Chinese that have been made, they declare, "with the clear intention
of casting doubts on the Soviet Union's intentions." The Soviet
delegates claim that the 500-meter isobath is generally less than
200 miles from the coast of the U.S.S.R. mainland or islands. In
the Far East, according to Kolesnik, the isobath was "between 40
and 60 miles from the coast" except in an unidentified part of
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East Siberia, where it is "360 miles from shore." lie claimed that
part of the shelf was of no interest, however, "from the point of
view of the exploration of.the resources of the sea." The U.S.S.R.
probably favors use of the distance option in the Baltic Sea, Black
Sea, and the Sea of Japan. Furthermore, in the Arctic. Sea of
Okhotsk, and Bering Sea there appears to be a distinct overall
advantage for the U.S.S.R. in using the 200-mile criterion to delimit
the continental shelf, although in some areas the 500-meter isobath
extends seaward of the 200-mile limit.
Some Soviet sources have revealed that the U.S.S.R. position
on the 200-mile or 500-meter formula was designed solely to protect
Soviet interests, and they have acknowledged that either could be
selectively utilized. Use of either formula in the Arctic remains
questionable, however, because the U.S.S.R. is opposed to the inter-
nationalization of that area, and it may be reserving the option
to claim that region on the basis that it is comprised of "closed
seas" or "historic waters." In the Arctic the division of the
continental shelf on the west remains unsettled despite late 1974
discussions. The Norwegians prefer to delineate the shelf by a median
line drawn equidistant from the Norwegian-controlled Svalbard Archi-
pelago and the Soviet islands of Novaya Zemlya and Franz Josef.
The Soviets favor a sector line running along the 32?04'35" meridian
? to the North Pole, a formula that would give them a substantial
part of the shelf now claimed by Norway.
The U.S.S.R. entered into agreements on the division and/or
limitation of the continental shelf of the Baltic Sea in 1965 and
1967 with Finland and in 1969 with Poland. In 1968, in conjunction
with the German Democratic Republic and Poland, it also issued a
declaration on the continental shelf which states that the Baltic
Sea is a shallow sea with a continuous shelf that ought to be split
between the riparian states. It declares that no part of the conti-
nental shelf of that sea "shall be turned over to the non-Baltic
states, their citizens, or firms for mineral prospecting, development,
or other uses." It also proclaims that "the continental shelf of
the Baltic Sea must be used by all states exclusively for peaceful
purposes." Thus far, however, none of the non-Communist states on
the Baltic have acceded to the declaration, and there is open
disagreement over the delimitation of the continental shelf between
Sweden and the U.S.S.R. The Swedes propose the bisection of the
Baltic Sea by a median line except in the vicinity of Gotland, where
it claims the boundary should be drawn halfway between that island
and the coast of Latvia. The Soviets, in turn, would place the
shelf boundary midway between the mainlands of the two countries,
on an alignment west of that proposed by the Swedes.
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Coastal State Jurisdiction Beyond the Territorial Sea
Proposals to create exclusive economic. zones beyond the seaward
limit of the territorial sea have gained widespread support, in
LOS circles during the past 2 years. These proposals have been
advanced as compromises to modify the more extreme claims of some
coastal states to a 200-mile territorial sea In which full ,juris-
diction would be exercised. The proposal of the U.S.S.R.. offered
in conjunction with the Byelorussian SSR, Ukrainian SSR, Bulgaria,
Poland, and the German Democratic Republic, was submitted at the
Caracas session of the LOS Conference on 4 August 1974 (see Annex).
The draft notes that the proposal was offered "on condition that
mutually acceptable decisions are also accepted...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 seabed regime and
the prevention of the pollution of the sea environment)."
Articles in the 4 August 1974 proposal were arranged in two
sections. Section I addressed a number of general provisions
pertaining to the use of the economic zone which was not to extend
"beyond the limit of 200 nautical miles, calculated from the base-
lines used to measure the breadth of the territorial waters."
Within this proposed zone the coastal state would exercise "sovereign
rights over all living and mineral resources in the waters. the
seabed, and the subsoil thereof," but this grant of sovereignty
over resources should not be considered the equivalent of territorial
sovereignty. Furthermore, it was not to interfere with the lawful
activity of other states on the high seas.
In establishing the right of the coastal state to preserve,
explore, and exploit the living and the mineral resources of its
economic zone, the draft articles stress that these ends would
be achieved "without prejudice to the rights of all other states...
including the right to freedom of navigation, freedom of overflight.
and freedom to lay submarine cables and pipelines." In addition
they propose that every state should have the right to "freely
carry out fundamental scientific research unrelated to the exploration
and exploitation of the living or mineral resources of the zone."
Research dealing with living or mineral resources was to be carried
out only "with the consent of the coastal state." Preeminence
in the economic zone obligates coastal states to strive for the
"rational exploitation of the natural resources of the sea and
the preservation of the sea environment," making certain that all
activities in this connection "are carried out for peaceful purposes."
Article 10 of Section I of the draft articles declares that no
economic zone is to be established by any state in waters contiguous
to foreign territory it either controls or has dominion over.
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In draft, proposals submitted in 1772 and 1974 the U.S.S.R.
sought to keep opon to itS fishing fleet a; much of the world'':
fishing grounds as possible.. Section it of the 4 Augu'.t. 1914 draft.
? articles (A/Conf.62/C.2/1 .,30) establishes the position of signatory
states relative to fishing in the proposed economic zones. This
Section Is an outgrowth of the Soviet draft article on fishing
? (A/AC.13t1/SC.I I/L.6) submitted to Subcommittee 11 on IR July 1972,
h
f t
e.
.
in which the right of coastal states to reserve a part o
allowable catch to be taken from fishing grounds adjacent to their
territorial seas or fishing zones was recognized.
Soviet spokesmen nevertheless continue to view the whole concept.
of economic zones, particularly as they relate to existing high
seas fishing rights, with concern. In August 1974, Valentin A.
Romanov, a delegate to the Caracas session, said that the creation
of 200-mile economic zones could be detrimental to countries having
"smaller" coastlines. He said that the U.S.S.R. was willing to
accept these economic zones, however, in order to contribute to
the development of underdeveloped states, but he admonished the
latter to "keep the rights and interests of others in mind."
Section II of the 1974 draft articles assigns responsibility
to the coastal state for the "rational exploitation and maximum
use and preservation" of marine resources, in the course of which
the coastal state is to "cooperate with the appropriate regional
and international organizations." Working within these parameters
the coastal state is permitted to determine the allowable catch
of each species except for highly migratory fish; establish the
share of the annual catch it reserves for its nationals; and allocate
the remainder of the allowable catch to other states. Neighboring
developing coastal states may allow each other's nationals the
right to fish in specified parts of their economic zones, according
to Section 11, and developing states that are landlocked or have
only a narrow outlet to the sea, "shall enjoy the privilege of
fishing in the economic zone of a neighboring coastal State on
the basis of equality with the nationals of that State."
This Section of the draft articles protects and prescribes
the rights of others in the zone. It declares that measures estab-
lished to conserve, explore, and exploit living marine resources
"may not discriminate in form or content against the fishermen
of any other State," and fishermen of these states are to be granted
licenses "to fish for the unused part of such catch." In this
process the coastal state snail "ensure an equitable distribution
of living resources" by establishing an order of priority that
sequentially recognizes:
a
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- stote', that have been fir,i.rument.al in
proving or level op i ng the ground'. or
have [)(,en historically involved in
local fishing activity;
-- dovelopinq landlocked
count.rI''',, coontrie', with narrow acce',',
to the ;(,,l or with narrow continental
shelves, and countries with very
limited livinq resources; and
-- all other state: wi thou t. di ccr moat. Ion.
The 1974 draft art.ic1es nhlke allowil oce for tho'.e ceastaI state',
in whose waters anadronlous spvcI(,s (as salmon) ;pawn. These host.
state';, according to the propo',aI would have sovereign rights
over such fish within the economic zone and preferential rights
to them outside the zone in the migration area. Fishing for these
species is to be authorized by agreements in which the host state
and other states establish regulatory and other condition', to elnvern
such activity. States "participating jointly with the coastal
States 1n measures to renew the species of fish...and ...States
which have traditionally fished for anadromous species in the region
concerned" would have priority.
Finally, in an attempt t,c accommodate fishing fleets that
have habitually fished in waters encompassed by the new economic
zones, the U.S.S.R. proposes that these fleets continue to fish
within the zone during a transition period of "not less than three
years after the entry into force of the Convention."
Deep Seabed
In discussions of the exploitation and management of the seabed
areas beyond the limits of national jurisdiction, Soviet authorities
have been fairly circumspect, displaying an apparent preference
for retention of the status quo in these areas as long as possible.
According to a reliable source, the Soviets had not by 1970 "explored
the issues deeply enough to establish firm positions on all of
them," but they had, nevertheless, "gone far enough to feel that
an international regime and machinery would not be in their best
interest." This source also stated that the Soviets saw "no urgency
in developing such a regime," for in the view of many of their
specialists, it would be "a decade or more before anyone wishes
to exploit the resources of the deep seabed and probably longer
before they have any interest in doiig it themselves."
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With the pa'r:arle of t.inle ar1(1 the tievelopinerlt of International
interest In the creation of a seabed authority, the I1.'-.S,it. reshaped
It.,. poI it: ie?, to respond to worlr.f opi nton. I t. ?,utolli tted its draf t
articles to the Ilti Seabed Collrmitire on 22, July IWl (see Annex).
In t.h(",e articles, and in rnunt.lr~~,s statemr_nt,,, made .uhsequ(,nt to
their Introduction, the U.S.S.R. has Indicated its concern about
the motives of other nat.ions and it,?: prefere;ice for a permissive
rather than a re. Jriciive International re.rlinle, It, also expressed
displeasure at. that. i.ime over the possib111ty that producer states
(711 1111 he required to pay royal ties or taxes on exploi t.ive act.ivi ties
undertaken beyond the 1 units of tuitional jurisdiction.
The July 1971 Soviet draft declare-, the seabed and the. subsoil
thereof to he open to all state,, wi thout (. 11scrinlinat.ion. "exclusively
for peaceful purpose:r. (Article 1), while the exploration and cxploi-
tation of these areas was not to "conflict with the principles of
freedom of navit~ation, fishincl, research and other activities on
the high seas Article 4). The U.S.S.R. apparently envisa(les the
exploitation of the seabed by states or by individual", or bodies
dependent upon them, and not by the intern tiona1 body it proposes.
Stites would be allocated sectors of the seabed (Article 12) and
he responsible for the preservation of the environment thereof
(Article 11). Integral to the Soviet proposal is Article 6, which
urohibi is the use of the seabed and the soil thereof for military
purposes , The U.S.S.R. also considers that the proposed treaty
"should in no way restrict freedom to carry out scientific research
in the treaty areas."
The July 1971 draft also sets forth the Soviet concept of an
appropriate international regime and the powers that should be
allocated to it, It proposes the creation of an International
Sea-[led Resources Agency, comprised of a Conference of States and
an Executive Board, whose principle functions would be the super-
vision of the implementation of the provisions of the treaty. Its
functions, as proposed, are limited in scope and designed to promote
cooperation among member states. The proposed organization is
clearly to be one of limited authority, whose decisions are to
be reached by agreement (Article 23), and whose domain is confined
to the seabed and the subsoil thereof. Its influence is not to
extend to the superjacent waters of the high seas (Article 25),
and none of the provisions of the proposal give any jurisdiction
whatsoever to the Agency or its organs (Article 26). Thus, by
insisting on an organization that would act only on the basis of
consensus and would coordinate rather than direct and reach decisions,
the U.S.S.R. is expressing a belief that it would be in a position
"to forbid decisions which might restrict her ocean activities
by limiting high seas freedom."
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At the 1974 LOS nueet.i ng s in Caracas. Romanov reiterated and
further developed traditional Soviet concepts concerning the struc-
ture and use of the international authority and its machinery. lie
said that the regime for the seabed and the seabed organization
must be worked out as a part of a single convention embracing the
other LOS questions. The seabed and the subsoil thereof, he declared,
are the common heritage of mankind, and as such, all countries,
without discrimination, must be guaranteed access to than In
his remarks he revealed continued Soviet apprehension about the
exploitation of these areas, recognizing that "A fundamental question,
underlying the solution to other questions, was that of deciaing
who was entitled to explore and exploit the resources of the sea-bed."
Current Soviet policy on the utilization of the deep seabed,
according to Romanov, is also designed to contain the influence
of large private or international organizations, lie declared
that "States themselves must have the right to exploit the resources
of the sea-bed..." and that "part of the income from the exploitation
would be distributed among the States party to the Convention."
One of the requirements set forth by Romanov was that parties to
the Convention would be entitled to obtain licenses, even when
the exploitation was to be carried out by individuals or companies.
Furthermore, he stated, the number of licenses issued to any one
state must be limited; the potentially richer parts of the seabed
must be equitably distributed among signatory states; and the
Convention must include a provision concerning the equitable dis-
tribution of benefits among all states, with special account being
taken of the interests and needs of developing countries. The
1971 draft resolutions, in short, still reflect the essence of
Soviet policy concerning the use of the seabed beyond the limits
of national jurisdiction.
Dispute Settlement
The U.S.S.R. policy toward dispute settlement, prior to the
opening of the Caracas LOS session, was limited to proposals
articulated in a Soviet draft resolution (A/AC.138/43) offered
in 1971. This resolution provides for "consultations" between
disputing states, and in the event that this proved infeasible,
it calls upon the Board of the proposed International Agency to
assist in settling controversies "by applying the means for peaceful
settlement listed in Article 33 of the United Nations Charter."
Furthermore, this Board, "at the request of the parties to the
dispute," is to establish such organs as may be deemed necessary
to reach a settlement. In 1974 at Caracas the U.S.S.R. implicitly
expressed support for the use of a dispute settlement mechanism in
cases involving fisheries and the deep seabeds. At that time it
remained adamantly opposed to the consideration of suits against
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states by individuals, companies, or by international organizations.
During bilateral meetings with U.S. LOS specialists since Caracas,
the Soviets have reconfirmed their preference for a functional
rather than a comprehensive approach to the subject, and while
stating their opposition to dispute settlement on the continental
? shelf, they did indicate the possibility of acceptance of the same
for navigational issues on the continental shelf, given a warship
exemption.
Pollution
The U.S.S.R. recognizes marine pollution to be a global problem
calling for global solutions, Curtailment and containment of marine
pollutants will depend on a single system of international and
inter-regional measures, spread over several stages, carefully
coordinated, and carried out at many levels of implementation.
On 25 July 1972 the U.S.S.R. submitted a draft resolution
on measures for preventing the pollution of the marine environment.
The contents of this resolution were incorporated and enlarged
upon in a second draft resolution, dated 14 August 1972, and signed
by Australia, Bulgaria, Canada, Iceland, the Netherlands, Norway,
Sweden, and the U.S.S.R. Both drafts are extremely general, being
mainly confined to the recognition of the urgency and the timeliness
of developing pollution controls, the appeal for cooperation among
states, and the expression of satisfaction over measures taken
up to that time by such organizations as UNESCO's Intergovernmental
Oceanographic Commission and the Inter-Governmental Maritime Consul-
tative Organization.
These drafts were followed by that of 15 March 1973, which
calls for a convention to establish general principles for the
preservation of the marine envirc.rment (see Annex). Although
comprised of only eight articles,, tt??> proposal is a relatively
comprehensive statement of the Soviet position on the scope of
the proposed convention and the responsibilities, obligations,
and liabilities of the signatory powers. In it the convention
is envisaged as being applicable to the world ocean, except for
the territorial seas, which are the responsibility of the coastal
states. Articles 2 and 3 obligate signatories to prevent marine
pollution from all sources and hold them liable for damages resulting
from activities carried out by the state or its representatives.
Articles 4, 5, and 6 call for cooperation among states, mutual
assistance between states, and scientific and technical assistance
for developing countries in the prevention of pollution, respectively.
Article 7 deals with the need to insure that rules and standards
adopted for the prevention of pollution do not adversely affect
traditional freedoms on the high seas, particularly those connected
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with transport, fishing, and research. The final article proclaims
that "this Convention shall be without prejudice to the specific
obliciations assumed by States under special conventions and agreements
concluded previously which relate to the prevention of pollution of
the marine environment nor to agreements which may be concluded in
furtherance of the general principles set forth in the Convention."
At Caracas, Dr. Feliks N. Kovalev again stressed the concern
of his delegation for the adoption of effective measures to prevent
marine pollution. He reported that his government had signed
the Helsinki Convention on the Protection of the Marine Environ-
ment of the Baltic Sea Area in March 1974; the 1973 Convention
for the Prevention of Pollution from Ships in July 1974; and that
it was now giving serious consideration to acceding to the 1971
Convention on the Establishment of an International Fund for Com-
pensation for Oil Pollution Damage.
Kovvalev stated that the future Convention should guarantee
the right of coastal states to take measures in the event of serious
incidents in their territorial waters. He also said that coastal
states should have the power to regulate the dumping of wastes
within a zone whose dimensions would be stipulated in the Convention,
and in the issuance of licenses for this purpose, coastal states
should take into account international rules such as those laid
down in the 1972 London Convention on the Prevention of Marine
Pollution by Dumping of Wastes and Other Matter.
Kovalev also indicated the support of his delegation for the
proposal to place increased responsibility on flag states for
damages caused by pollution originating from ships sailing under
their flag. He particularly noted that the coastal state had the
right to take the necessary measures to insure the observation
of internationally agreed rules. In the event of an infraction,
the captain or other officers of the crew should be liable to fines
on a nondiscriminatory basis, but that punishment, in the form of
deprivation of liberty, should be imposed only by the flag state.
The Soviet delegation at Caracas expressed concern about the
extent of coastal state authority over pollution control in the
200-mile economic zone. Kovalev indicated that the proposals to
give the coastal state "full legal jurisdiction" in the zone "would
result in undue interference with fishing and navigation and would
give the coastal state the right to stop foreign ships for inspection,
bring them to port, and even imprison the captain and the crew."
Earlier in the same session he had said that it should be possible
to empower the coastal state with the right to protect resources
from pollution within a 200-mile economic zone, "provided a mutual
understanding was reached on other complex questions on the agenda
of the Third Committee...."
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In private conversations Soviet authorities have expressed
concern over the question of giving coastal states the right to
apply environmental standards higher than international standards.
They indicated that if this concept were to apply to the construction
and operation of fishing vessels, they would find such application
unacceptable. They have also voiced opposition to assigning pollu-
tion control responsibilities to a seabed authority, and thus far
they have been unwilling to discuss the Arctic pollution question
on the grounds that in the Arctic it is not possible to separate
land and marine interests.
Scientific Research
U.S.S.R. policies on scientific research in international
waters, as stated in the Caracas session, are revealed in two UN
Seabed Subcommittee III documents -- a working paper dated 3 August
1972 and a draft article dated 15 March 1973 (see Annex). The
working paper, submitted jointly with Bulgaria and the Ukrainian
SSR, sets out what is proclaimed to be the "basic principles con-
cerning international cooperation in marine scientific research."
Discussion and refinement of this paper is reflected in the March
1973 draft article, in which Poland joined the signatories of the
earlier document. Article 1 of the draft defines scientific research
as the Soviets view it.
The U.S.S.R. considers the freedom of scientific research
in the world's ocean -- which it defines as "all ocean space, the
sea-bed and the subsoil thereof, with the exception of internal
and territorial waters and the bed and subsoil of the continental
shelf" (Article 2) -- as the most important of the principles
presented in the draft. Research in territorial waters and on
the continental shelf, on the other hand, is recognized to be under
the jurisdiction of the coastal state, which has participatory
and/or representative rights in the research effort and is due
the receipt of such data as may be collected.
The U.S.S.R. has advocated international cooperation as the
most reasonable way to cope with the high costs associated with
maritime scientific research. In practice, cooperation with other
states has furthered Soviet foreign policy and economic goals,
and has been used to gain access to advanced technology. Bilateral
and multilateral agreements between states are provided for in
Article 4, and Article 6 authorizes the participation of all states
in international scientific programs such as those that may be
conducted under the Intergovernmental Oceanographic Commission.
The draft also encourages the mutual exchange of data among states
(Article 7) and the cooperation of states to make certain that
their research efforts do not endanger navigation or the principle
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of freedom on the high seas. Article 10 -.Lites that "Scientific
research in the world ocean shall not be ,'thjected to unjustified
interference, nor shall scientific resear, Ji itself cause unjustified
interference with navigation, fishing, ovvrt1 fight in airspace or
any other legal activity in the world oce;:n."
The draft addresses itself to the mo,iil:; by which scientific
research may be conducted (Article 3), thy! r.ntry of scientific
vessels into ports and internal maritime ~+oters (Article 8), and
the legal status of research installatiant:, fixed or floating
(Article 9). States are made responsible for damages caused during
the conduct of scientific investigations (Article 13), and are
obligated to act in harmony with the pur-zeses and principles of
the Charter of the United Nations L d other international agreements
(Article 14). Finally, the draft calls for respect of existing
international norms to prevent pollution in consequence of scientific
research (Article 11).
At Caracas, Feliks Kovalev spoke of t:th danger of the regulation
of scientific research, either by the co,is-tal state or by interna-
tional machinery, apparently in fear that regulation would lead
to restriction. He also spoke critically of delegations that would
qualify the right of scientific research in the world ocean,
including the economic zone, noting that those delegations not
only advocated the right of coastal stag, to authorize or reject
applications for research in the economic zone, but also the right
of the international seabed authority to do the same in the rest
of the ocean space. Inferentially he sug,iested, as have others,
that U.S.S.R. acceptance of the 200-mile economic zone is contingent
on the adoption of a territorial sea of miles or narrower, freedom
of navigation in straits that connect one part of the high seas
with another, freedom of scientific research beyond the areas of
national jurisdiction, and freedom of scientific research in the
economic zone except for research aimed directly at the exploration
or exploitation of the living and nonliving resources in the zone.
On March 19, 1975 at Geneva, the U.S.S.R. presented a new set
of draft articles on scientific research which stipulate that
research conducted in the economic zone for the exploration and
exploitation of living and nonliving resources would require coastal
state consent, whereas any other research would require only advance
notification.
D. KEY POLICY MAKERS, LOS NEGOTIATORS AND ADVISERS
The U.S.S.R. delegation to the Caracas session of the LOS
Conference, headed by Igor K. Kolosovsky, included 9 members, 9
advisers, 3 experts, and an administrative staff of 10. A number
s
0
0
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of these delegates participated In several LOS conferences in the
past. Notable are Boris G. Khabirov, Valentin Romanov, and Alexc+i A.
Volkov, each of whom has attended seven international LOS-sponored
meetings; Celiks N. Kovalev, who has attended five; and Alc?xandr P.
Metalnikov and Andrei K. Zhudro, each of whom has attended four.
There was a considerable turnover in the Caracas delegation, however.
Eight members were first-timers and 21 regulars were noticeably
absent. Among the prominent absentees were Vladimir I. Kovalevskiy
(present at five previous conferences) and Oleg N. Khlestov and
Anatoliy N. Volkov (each present at three previous conferences).
U.S.S.R. assessment of the work that was to be done at Caracas
is reflected, at least to a degree, by the affiliations of those
who participated. In addition to the Ambassador to Venezuela,
Viktor I. Likhachev, 11 delegates were attached to the Ministry
of Foreign Affairs. The Ministry of Fisheries, Ministry of the
Merchant Marine, and the Ministry of Geology, by contrast, sponsored
only one delegate each. The State Committee on Science and Technology
sent two delegates, as did the Scientific Research Institute of
Maritime Transport. It would therefore appear that the U.S.S.R.
considered the political factor to be of paramount importance at
that stage of the negotiations.
On 19 February 1975, Feliks N. Kovalev provided the names
of Soviet delegates scheduled to participate in the Geneva meetings.
He stated that the level of the Soviet delegation had been raised
considerably, and that it would be headed by Deputy Foreign Minister
Semen P. Kozyrev. Deputy chiefs of the delegation will comprise
Valeriy I. Igrevskiy, Deputy Minister of Geology; Vladimir M.
Kamentsev, First Deputy Minister of the Fish Industry; Vladimir I.
Tikhonov, Deputy Minister of the Maritime Fleet; Admiral Vladimir N.
Alekseyev, First Deputy Chief of the Main Naval Staff; and Ambassador
Igor K. Kolosovskiy, who headed the Soviet delegation to the Caracas
Conference. None of the others, except Kamentsev, have participated
previously in LOS conferences; Kamentsev attended the March 1972
meetings. A number of individuals who participated in the Caracas
meetings are also included in the current delegation: Petr D.
Barabolya, Andrey K. Zhudro, Yuriy B. Kazmin, Feliks N. Kovalev,
Stepan V. Molodtsov, Anatoliy P. Movchan, Capt. Pavel Nazarenko,
and Valentin A. Romanov.
A listing of officials who attended the 1974 Caracas session
of the Third LOS Conference, the 1973 New York organizational
session of the Conference, and/or one or more of the preparatory
sessions for the Conference follows.
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start
*Adm. Vlndimi r N. AL1:K:i1?;YEV
Fi rn t nr,htity Chief or Or
Mnin Nnvnt f;tnff
*Mnj. (:en. 1'etr D. 11AHAHOI.YA
(711ef, Department of Internnti.onnl
Maritime
i.:iw,
IlydroY,rnphtc
Service
Sov1Pt Nnvy
Mr. Dmi tr.iy
V.
11YKOV
Counselor, I'ermnnent
Minnion to the UN
Mr. Igor' I. DOKUC11AYE*V
Chief, Foreign Relations
Administration
Ministry of the Fish Industry
Mr. Aleksandr S. DRAGO
Treaty and Legal Department
Ministry of Foreign Affairs
Thi
rd
:i
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(;t,mm1
f f nn
None
roil
1,(1';
(;(In fr'
rr'11r?o
.1111
Fah
.!i 1
Mar
.1111
J1n)
Mnr
A11F
Mar
Aug
Apr
Alig
t)r,r
Aug
Mnr
71
71
17
77
71
13
73
74
71
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
X
X
x
x
?
?
Mr. Semen A. DZAK11AIEV
International Organizations Depart
ment
Ministry of Foreign Affairs
Mr. Vladimir N. FEDOROV
First Secretary
Permanent Mission to the UN
Mr. Georgiy S. GORSHKOV
Director, International Law
Research Section
Scientific Institute
"Soyzmorniiproekt"
Ministry of the Maritime Fleet
* See following pages for biographic sketch.
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11r. VI ndI inI r I. (;I?AIIoVSK IY
Dl rector of DepnrttrotL
;tntr Cotitml t.(rr' for :~rtr+nrr! Mid
Te r.h do logy
Mr. Vladimir M. GRi.NIN
Treaty and i.egnl Department
Ministry for Foreign Affntrrt
*Vnle.riy I. 1CREVSKIY
Deputy Minister of Geology
*Mr. Vladimir M. KAMi;NTSEV
First Deputy Minister
Ministry of thc?Finh Industry
*Mr. Yuriy B. KAZMIN
Deputy Chief
Marine-Geology Exploration
Administration
Ministry of Geology
Dr. Boris G. KHABIROV
Treaty and Legal Department
Ministry for Foreign Affairs
Dr. Oleg N. KHLESTOV
Chief, Treaty and Legal Department
Ministry of Foreign Affairs
Mr. Valeriy S. KNYAZEV
Deputy Head of Department
Scientific Research Institute of
Maritime Transport
Dr. Dmitriy N. KOLESNIK
Deputy Chief
Treaty and Legal Department
Ministry of Foreign Affairs
Thir
d
"r'
nhod
Cormni
ti-rr'
ennI
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otift r
r'nrr?
.1u1
FPh
Jul.
ll:rr
.Jill
.11111
L1nr
Aug
Mnr
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Apr
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Doc
Aug
Mnr-
71
71
72
77
77
13
?/3
76
7'i
x
x
x
l
x
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
* See following pages for biographic sketch.
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*1(.1:. Mr. Igor' K. KOIASOVSKIY
Atnbnnnndor at Large
Ministry of Foroign Affairs
*Dr. Felikn N. KOVALEV
Deputy Chief
Treaty and Legal Department
Ministry of Foreign Affairs
Mr. Vladimir I. KOVALI:VSKIY
Chief, Department of International
Law of Sea
Ministry of Defence
*Mr. Semen P. KOZYREV
Deputy Foreign Minister
Mr. Marklen I. LAZAREV
Professor, Institute of State and
Law
Academy of Sciences
Mr. Leonid A. LEONT'YEV
Ministry of Foreign Affairs
H.E. Mr. Viktor I. LIKHACHEV
Ambassador to Venezuela
H.E. Mr. Yakov A. MALIK
Deputy Minister for Foreign
Affairs
Permanent Representative to the
UN
Mr. Il'ya T. MATOV
Deputy Head of Department
Ministry of the Maritime Fleet
Mr. Aleksandr P. METAL'NIKOV
Responsible Secretary
Oceanographic Committee of the
Soviet Union
liiir
d
;mnhF?d Commi'
ttet,
m" 1.
011
Jul Feb
Jul
Mar
Jul
Jun
Mnr. Aug Mnr
Aug
Apr
Aug
Dec Aug
Mar.
71 71 72
72
73
73
73 74
75
x
x
X
x
x
x x
x
X
x
x
x
x
X
X
FT
X
X
X
X
X
x
x
x
* See following pages for biographic sketch.
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*Mr. Stepnn V. MOL.OIYI'SOV
Expert-Consultant
Trenty and Legal Department
Min:teitry of Foreign Affairs
*Dr. Anatoliy P. MOVCIIAN
Expert-Consultant
Treaty and Legal Department
Ministry of Foreign Affairs
Mr. Yevgeniy N. NASINOVSKIY
Expert-Consultant
Treaty and Legal Department
Ministry of Foreign Affairs
*Capt Pavel I. NAZARENKO
Soviet Navy
Mr. Boris N. NETCHAYEV
Counselor
Treaty and Legal Department
Ministry of Foreign Affairs
HE. Mr. Boris F. PODTSEROB
Ambassador at Large
Ministry of Foreign Affairs
*Mr. Valentin A. ROMANOV
First Secretary
Treaty and Legal Department
Ministry of Foreign Affairs
Mr. Vladimir P. SEMIKASHEV
Treaty and Legal Department
Ministry of Foreign Affairs
Mr. Vitaly B. SHUBIN
Ministry of Foreign Affairs
Mr. Sergey N. SMIRNOV
Senior Counselor
Permanent Mission to the UN
Thi
rd
:;
enbed
Comm
uter.
Sr!nn
1nn
I/)
Confe
r"nrr
Jul
Feb
Jul
Mar
Jul
.tun
Mnr
Aug
Mnr
Aug
Apr
Aug
Dec
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Mar
71.
71
72
72
73
73
73
74
75
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
I X
X
X
X
X
X
X
X
* See following pages for biographic sketch.
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Cmdr. Ponucnld F. SURUKIN
DeprirtmenI of into runttonal Law
Soviet Nnvy
Mr. Gennadiy S. STASIII:VSKIY
Couneclor
Permanent Mission to the UN
Mr. Vladimir. 1). T1.REKIIOV
Attache
Ministry of Foreign Affairs
*Mr. Vladimir I. TIKIHANOV
Deputy Minister of the Maritime
Fleet
*Mr. Alcksey A. VOLKOV
Deputy Chief
Foreign Relations Department
Ministry of the Fish Industry
Dr. Anatoliy N. VOLK.OJ
Chief, Department VNIIMORGEO
Ministry of Geology
Mr. Vitaliy Ya. VOROB'YEV
Ministry of Foreign Affairs
Mr. Vladimir V. ZEMSKIY
Ministry of Foreign Affairs
*Dr. Andrey K. ZIIUDRO
Deputy Director
Scientific Research Institute
for Maritime Transport
Ministry of the Maritime Fleet
Mr. Gennadiy I. ZOLOTOV
Second Secretary
Ministry of Foreign Affairs
'I'll I
rd
S
eabed
Comm
I t ter.
Suns
I on
11)5
Confe
rence
Jul
Feb
Jul
Mar
Jul
Jun
Mnr
Aug
Mnr
Aug
Apr
Aug
Dec
Aug
Mar
71
71
72
72
73
73
73
744
75
i
x
X
X
X
X
X
x
x
x
x
x
X
X
x
X
X
x
x
x
x
X
* See following pages for biographic sketch.
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SCCNCT
U.S.S. It.
I'nrt Ti - Background Information*
Geography
World region: Lantern Europe and Anin
Category: coastal
Bordering ntnten: North Korea, Peopien Republic of Chinn,
Mongolia, Afghnnintan, Iran, Turkey, Romania, Hungary,
Czechonlovnkia, Poland, Finland, Norway
Bordering bodies of water: White Son, Bnrentn Sea, Karn Son,
Arctic Ocean, Laptev Son, Ennt Siberian San, Chukchi Son,
Bering Strait, Bering Sea, Pacific Ocean, Zaliv Sheli.khova, Sea
of Okhotsk, Sakhalinnkiy Zn]Iv, Tatar Strait((Amurskiy Liman
and Gulf of Tartary), Sen of Japan, Canpian Sea, Black Son,
Baltic Sea, Gulf of Riga, Gulf of Finland
Bordering uemiencloned rica: White Son, Barents Sea, Bering Sea,
Sen of Okhotsk, Sea of Japan, Baltic Son, Black Sea
Major bordering atraitn: Kara-Strait, Vil'kitakiy Strait, Snnnikov
Strait, Laptev Strait, Long Strait, Bering Strait, Tatar Strait,
La Perouse Strait
Area of continental shelf: 364,300 sq. mi.
Area to 200 mi. limit: 1,309,500 sq. mi.
Area to edge of continental margin: 735,900 sq. mi.
Coastline: 29,000 statute mi. (includes Sakhalin)
Land: 8,600,000 sq. statute mi.
Population: 252,100,000
Industry and Trade
GNP: $719.4 billion (1974, prelim., in 1973 U.S. prices); $2,854
per capita (S)
Major industries: diversified, highly developed capital goods
industries; consumer goods industries comparatively less developed
Exports: $27,500 million (f.o.b., 1974); fuels (particularly
petroleum and derivatives), metals, agricultural products
(timber and grain), raid a wide variety of manufactured goods
(primarily capital goods)
Imports: $21.,800 million (f.o.b., 1974); specialized and complex
machinery .Pad equipment, textile fibers, consumer manufactures,
and any significant shortages in domestic production (for example,
wheat imported following poor domestic harvests)
* WARNING -- Unless otherwise indicated, individual items are
unclassified/FOR OFFICIAL USE ONLY. Classification designations
are (C) Confidential and (S) Secret.
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Induntry and Trade (con's)
Major trade pnrtnern: $42.3 billion (1973); trade 58T with
Communist countricn, 271 with induntrinlized Went, and 15% with
len;r developed countricn
Merchant marine: (February 1975) 1,574 ships (1,000 CRT or over)
totnl..ing 14,200,000 CRT; of which 1,093 are general cargo, 1
roll-on roll-off cargo, 10 modular cargo, 24 refrigerated cargo,
260 general tanker, 14 specialized tanker, 66 pannenger, 106
bulk carrier; 574 merchant ships based in Black Sea, 331 in
Baltic Sea, 436 in Soviet Far Eant, and 213 in Barents/White
Seas (C)
Marine Fisheries (S)
Catch: about 9.5 million metric tong (1974 est.); exports 260.4
thousand metric tons (1973); imports --- 15.0 thousand metric
tone (1972)
Economic importance: seafood provides 15; - 18' of Soviet animal
protein
Ranking: 3rd after Japan and Peru; accounts for about 11$ of
total world catch
Other fishing areas: worldwide, but especially off coasts of
Canada, U.S., Norway, Iceland, Peru, India, Ceylon, and Japan
Species: cod, haddock, hake, herring, redfish, shad, flounder,
mullet, mackerel
Marine fisheries techniques: modern
Other countries fishing off coast: Japan, Norway, U.K., Finland,
U.S.
Extent of foreign offshore fishing: small-scale, except for Japan
Crude Oil: production (includes gas condensate) -- 3,270 million
42-gal. bbl. (448 million metric tons) onshore, 80 million 42-
gal. bbl. (11.0 million metric tons) offshore (1974); proved and
probable reserves -- 75,000 million 42-gal. bbl. (10,300 million
metric tons) (1972)
Natural gas: 9,040 billion cubic feet (256 billion cubic meters)
onshore, 175 billion cubic feet (5 billion cubic meters) offshore
(1974); proved recoverable reserves -- 794,500 billion cubic feet
(22,500 billion cubic meters) (1974)
Navy (S )
Ships: surface ships -- 2 guided-missile helicopter ships, 9
light cruisers, 17 guided-missile light cruisers, 2 command
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Navy (ti) (con't)
light cruinern (point dr_fenne), 1. old heavy cruiner, 8 nurfnce-
to-nurfnce and point defense guided minnile dentroyern, 4 nurfnce-
to-nurfnce minnile destroyers, 31. nurfnce-to-surface air minnile
dentroycrn, 37 dentroycrn, 109 de.ntroyer encort, 742 patrol typen
268 mine wnrfnre types, 97 amphibioun ships, 102 amphibious
craft, 750 auxiliaries; nuhmnrinen --- 35 nuclear-powered attack,
41. nuclear-powered cruine-minnile, 25 dienel-powered cruine-
minnilc, 73 dienel-powered long-range torpedo-attack, 75 dienel-
powered medium-range torpedo-nttnck, 4 diesel-powered short-
range torpedo-nttnck, 48 nuclear-powered bn1listic-minnile,
22 diesel-powered ballistic-minsile
Government Leaders
General Secretary of the Central. Committee of the Communist Party:
Leonid I. Iirczhnev
Chairman of the Council of Mininters: Aleksey N. Kosygin
Chairman of the Presidium of the U.S.S.R. Supreme Soviet: Nikolny
V. Podgornyy
Minictcr of foreign Affairs: Andrey Andreyevich Gromyko
Multilateral Conventions
Geneva Conventions:
Convention on the Territorial Sea and Contiguous Zone, November 22,
19 60 .
Convention on the High Seas, November 22, 1960.
Convention on the Continental Shelf, November 22, 1960.
Oil Pollution Conventions:
International Convention for the Prevention of Pollution of the
Sea by Oil, September 3, 1969. 1969 Amendments, November 2, 1971.
International Convention for the Safety of Life at Sea (SOLAS),
August 4, 1965.
Conventions Regulating Fisheries in the North Atlantic and North Sea:
International Convention for the Northwest Atlantic Fisheries,
April 10, 1958.
Protocol to the Convention relating to the holding of annual
meetings, August 11, 1958.
Declaration of Understanding regarding the Convention concerning
Mollusks, May 8, 1961.
Protocol to extend the Provisions of the Convention to Harp and
Hood Seals, April 13, 1964
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Mul.ti..Interal Conventions (con't )
Protocol relating to Entry Into Force of Proposals adopted by
the Comml.nnl,on, October 23, 1967
Protocol relating to Measures of Control., October 23, 1967.
Protocol relating to Panel Membership and to Regulatory Measures,
November 21, 1969.
Protocol relating to Amendments to the Convention, October 13, 1971.
North-East Atlantic Fisheries Convention, August 25, 1960.
Miscellaneous Fishing Conventions:
International Convention for the Regulation of Whaling, September 11,
1948.
Protocol to the Convention, July 3, 1957.
Convention on the Conservation of the Living Resources of the
South-Last Atlantic, September 24, 1971.
Miscellaneous Conventions:
Nuclear Test Ban Treaty, October 10, 1963.
Seabed Arms Limitation Treaty, May 18, 1971.
IMCO Convention, December 12, 1958.
ICES Convention, October 28, 1965.
Bilateral and Regional Conventions
Territorial Sea:
Norway-U.S.S.R. Agreement concerning the Sea Frontier between
Norway and the U.S.S.R. in the Varanger-fjord. Signc at Oslo,
February 15, 1957. In force April 24, 1957. 312 UNTS 289.
Descriptive Protocol (with Annexes) relating to the Sea Frontier
between Norway and the U.S.S.R- in the Varanger-fjord, demarcated
in 1957. Signed at Moscow, November 29, 1957. In force
March 17, 1958. 312 UNTS 289.
Poland-U.S.S.R. Protocol (with annexed maps) concerning the
Delimitation of Polish and Soviet Territorial Waters in the
Gulf of. Gdansk in the Baltic Sea. Signed at Warsaw, March 18, 1958.
In force July 29, 1958. 340 UNTS 94.
Turkey-U.S.S.R. Protocol on Maritime Frontier. Signed April 17,
1973.
Continental Shelf:
Finland-U.S.S.R. Agreement concerning the Boundaries of Sea
Areas and of the Continental Shelf in the Gulf of Finland. Signed
at Helsinki, May 20, 1965. In force May 25, 1966. 566 UNTS 31.
Finland-U.S.S.R. Protocol Description of the Sea Boundary Line
between Finland and the Soviet Union in the Gulf of Finland to the
North east of Gogland Island. Signed at Helsinki, April 5, 1967.
Soviet Statutes and Decisions, VI (1970), 265.
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Bilateral and Regional Conventions (con't)
Finland-U.S.S.R. Agreement concerning the Boundary of the
Continental Shelf between Finland and the Soviet Union in the
Northeastern Part of the Baltic sea (with annexed maps). Signed
at Helsinki, May 5, 1967. In force March 5, 1968. 640 UNTS 111.
German Democratic Republic-Poland-U.S.S.R. Declaration on the
Continental Shelf of the Baltic Sea. Signed at Moscow,
October 23, 1968. (1968) 7 International Legal Materials 1393.
Poland-U.S.S.R. Agreement concerning the Course of the Continental
Shelf Boundary in the Gulf of Gdansk and the Southeastern Part
of the Baltic Sea. Signed at Warsaw, August 28, 1969. In
force May 13, 1970. (1970) 9 International Legal Materials 697.
Fishing:
Finland-U.S.S.R. Agreement (with annexes) regarding Fishing and
Sealing. Signed at Moscow, February 21, 1959. In force April 4,
1959. 338 UNTS 3.
Protocol extending the Agreement to an Area in the Gulf of Finland
to the East of the Island of Suusaari (Gogland). Sig ed at
Helsinki, May 20, 1965. In force May 25, 1966. 566 UNTS 350.
Finland-U.S.S.R. Agreement on Fishing and Sealing. Signed at
Moscow, June 13, 1969. (1970) 9 International Legal Materials
507.
Norway-U.S.S.R. Agreement on Fishing. Signed at Moscow,
April 16, 1962. In force August 1, 1962. 437 UNTS 175.
Canada-U.S.S.R. Agreement on Co-operation in Fisheries off the
Coast of Canada in the North-Eastern Pacific Ocean. Signed
at Moscow, January 22, 1971. In force February 19, 1971.
Norway-U.S.S.R. Agreement concerning the Handling of Claims in
Connection with Damage to Fishing Gear. Signed at Moscow,
December 9, 1959. In force January 1, 1960. 361 UNTS 93.
Norway-U.S.S.R. Exchange of Notes concerning an Arrangement for
Mutual Communication with Regard to the Capture of Fishing and
Similar Vessels. Signed at Moscow, July 9, 1968. In force
July 9, 1968. (1968) Overenskomster med Fremmede Stater 352.
U.S.S.R.-U.S.A. Agreement on Certain Fishery Problems on the
High Seas in the Western Areas of the Middle Atlantic Ocean.
Signed at Washington, December 11, 1970. In 'force January 1, 1971.
21 UST 2664; TIAS 7009.
Protocol to the Agreement. Signed at Washington, February 2, 1971.
In force February 7, 1971. 22 UST 113; TIAS 7043.
Iceland-Norway-U.S.S.R. Agreement on the Regulation of the
Fishing of Atlanto-Scandian Herring. Signed at Moscow,
February 25, 1972. In force February 25, 1972.
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Bilateral and Regional. Conventions (con't)
Japan-U.S.S.R. Convention concerning Fishing on the High Seas
in the Northwest Pacific Ocean. Signed at Moscow, May 14, 1956.
In force December 12, 1956. Soviet Statutes and Decisions,
VI (1970), 359.
Japan-U.S.S.R. Agreement on King Crab. Signed on April 16, 1970.
In force April 16, 1970.
Canada-U.S.S.R. Agreement on Provisional Rules of Navigation
and Fisheries Safety in the Northeastern Pacific Ocean off the
Coast of Canada (with Provisional Rules of Navigation and
Fisheries Safety). Signed at Moscow, January 22, 1971. In
force April 15, 1971.
Canada-U.S.S.R. Agreement on Co-operation in Fisheries off the
Coast of Canada in the Northeastern Pacific Ocean. Signed at
Moscow, January 22, 1971. In force February 19, 1971.
U.S.S.R.-U.S.A. Agreement relating to Fishing Operations in the
Northeastern Pacific Ocean. Signed at Washington, February 12,
1971.
U.S.S.R.-U.S.A. Agreement relating to Fishing for King and
Tanner Crab. Signed at Washington, February 12, 1971. In force
February 12, 1971. TIAS 7044.
U.S.S.R.-U.S.A. Agreement on Certain Fisheries Problems in the
North-Eastern Part of the Pacific Ocean off the Coast of the
United States of America. Signed at Washington, February 12, 1971.
In force February 12, 1971. TIAS 7046.
Agreement amending the Agreement. Effected by Exchange of Aide-
memoire, Moscow, February 22 and March 15, 1972. In force March
15, 1972. TIAS 7328.
Japan-U.S.S.R. Agreement between the Great Japan Fisheries
Association and the U.S.S.R. Minis:..ry of Fisheries concerning
the Collection of Sea Kale in Areas around the Kaigara Islands
by Japanese Fishermen. Signed at Moscow, June 10, 1963. Soviet
Statutes and Decisions, VI (1969/70), 170.
Japan-Norway-U.S.S.R. Arrangements for the Regulation of Antarctic
Pelagic Whaling. Signed at Tokyo, September 29, 1971. (Lays down
arrangements for 1971-72 season).
U.S.S.R.-U.S.A. Agreement on the Regulation of North Pacific
Whaling. Sigrpd at Tokyo, July 30, 1971. In force July 30, 1971.
TIAS 7188.
Norway-U.S.S.R. Agreement (with annex) on Measures for Regulating
the Catch and Conserving Stocks of Seals in the Northeastern
Part of the Atlantic Ocean. Signed at Oslo, November 22, 1957.
In force June 27, 1958. 309 LINTS 269.
Finland-U.S.S.R. Protocol on Co-operation in checking Pollution
in the Gulf of Finland. Signed at Helsinki, 1970.
Denmark-Finland-Norway-Sweden. Agreement concerning Co-operation in
Ice-breaking. (with Protocol). Signed at Helsinki, December 20,
1961. In force December 20, 1961. 419 UNTS 79.
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f repent Ocean
?
Cla tnui*
Type
Date
Tormn
Source, Noten
Territorial
Sea
1909
12 mi.
1921
12 mi.
Decree
Only in the tlarr'ntrr Sea
1927
12 mi.
Decree of June 15, 1927
Ixtended to entire area of the U.S.S.R.
1935
12 mi..
1960
12 mi.
Statute for the Protection of the
State Frontier of the U.S.S.R.,
Aug. 5, 1960.
Measured from the low water line and
from lines closing bays and rivers.
Party to the Convention on the Terri-
torial Sea... (Nov. 22, 1960)
Protocol...(Poland & U.S.S.R.)...
concerning... territorial waters in
the Gulf of Gdansk, Warsaw, Mar. 18,
1958. 340 LINTS 94.
Protocol on Maritime frontier-with
Turkey, April 17, 1973.
Continental 1968 200 meters Edict of the Supreme Soviet of Feb. 6,
Shelf and exploit- 1968
ability Party to the Continental Shelf Convention
(Nov. 22, 1960)
The U.S.S.R./Norway Agreement of Feb. 15,
1957, concerning the sea frontier
between the two countries, defines
the U.S.S.R./Norwegian sea frontier
in the Varanger fjord as a straight
line from an agreed frontier mark
?
* Principal Source: Limits of the Seas, National Claims to Maritime
Jurisdictions, 2d Revision, State Dept/INR, April 1974.
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Present Ocean Claims (con't)
Type Date Terms Source, Notes
Continental
Shelf (cont'd)
to the intersection of the outor
limits of U.S.S.R. 6 Norwegian
territorial seat. Neither of the
parties is to extend its territorial
seas beyond the straight line extend-
ing from the said intersection to the
median point of the line between Cape
Nemetsky and Cape Kibergnos.
The Finland/U.S.S.R. Agreoment of Ma
20, 1965, Regarding the Boundaries
Sea Waters and the Continental Shel
in the Gulf of Finland, refers to
the 1958 Geneva Convention on the
Continental Shelf and establishes
along agreed points a sea boundary
line between the contracting parties,
as well as the boundary lines of
their territorial sea in the Gulf
of Finland in the northeast section
of Sursari (Gogland) Island.
The Finland/U.S.S.R. Agreement on the
Continental Shelf Boundary in the
Baltic Sea of May 5, 1967, provides
for the delimitation on the rx-dian
line principle of the continental
shelf between both countries in a
specified area of the northeastern
Baltic Sea.
See Limits in the Seas, Nos. 16, 17,
55, and 56. Treaty on the boundary
of the continental shelf in... the
southeastern Baltic, Warsaw, Aug 29,
1969, EIF May 13, 1970.
Agreement... concerning the boundary of
the continental shelf between Finland
and the Soviet Union in the north-
eastern part of the Baltic Sea,
Helsinki, May 5, 1967, EIF Mar 15,
1968. 640 UNTS 111
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Present Occnn Claimn (con's)
Type Date Terms Source, Notes
Exclusive 1935 12 mi. Regulation of Sept 25, 1935
Fishing The I'inland/U.S.S.R. Agrcomont
Regarding Fishing and Sealing of
Feb. 21, 1959 and Protocol of Mail 20,
1965, extending that agreeny-unt, grants
to Finnish nationals the right to
engage in fishing and scaling in the
territorial sea of the U.S.S.R. In
specially designated areas of the
Gulf of Finland to the east of
Sursari (Gotland) Island.
The Norway/U.S.S.R. Agreement of
Mar. 15, 1962 authorizes U.S.S.R.
fishermen to fish in the 6- to 12-
ini.le area off the Norwegian. coast
until Oct. 31, 1970, subject to
certain conditions. In return,
Norwegian fishermen of the Varanger
fjord are authorized to fish within
the 6- to 12-mile area of the U.S.S.R.
territorial sea in a specifically
designated zone between Cape Nemetsky
and the port of Kiberg.
Straight
1953
Czarist Ukase
Baselines
Sea of Okhotsk as an internal sea
which in 1956 was equated by a
jurist with a "claimed" sea.
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Decree
Provided for the historic claim to
the White Sea and Cheshskaya Gulf.
Former mentioned in 1893 Instruction
to Cruisers.
Soviet text on international law
mentions Gulf of Riga and Sea of
Azov as historic bays. International
law book categorized Kara, Laptev,
East Siberian and Chukchi Seas as
"claimed" seas.
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Prenent Ocean C.l.ntmn (con't)
Type Dnte 'T'ornu; Source, Noten
Straight 1.957 Decree of July 20, 1957
llnnel.i.nen Slx?c.tfie:; lim.lt::; of the hi!;tonic
(cont'd) ball of Peter the Great.
?
Aide Memolre of July 21, 1964
Stated that. 1)im1 trimj Laptev and
Sannikov strait,,; were "internal
water:;" of the U.S.S.R.
Edict of June 10, 1971
Amended the 1960 Mw on the Protec-
tion of the State 1?'rontier to permit
the drawing of straight banelines
to be determined by the Council
of Ministers (Vedomos ti Vorkhovnogo
Sovota SSSR, 1971 N. 24, item 254).
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Action on Sinnificant UN Resolutions
Moratorium Resolution
(A/RES/2574 D, XXIV, 12/15/69)
PPond.ing entabli.uh ant of international regime,
States and personr. are bound to refrain from
exploiting resources of or laying claim to any
part of the seabed and ocean floor beyond the
limits of national jurisdiction.
LOS Conference
(A/RES/2750 C, XXV, 12/17/70)
Convene in 1973 a Conference on Law of the sea
to deal with establishment of international
rogimo for the seabed and ocean floor, and
enlarge Seabed Committee by 44 members and
instruct it to prepare for the conference draft
treaty articles embodying international regime.
LOS Conference, Timing and Site
(A/RES/3029 A, XXVII, 12/18/72)
Indian Ocean as a Zone of Peace
(A/RES/2992, XXVII, 12/15%72)
Called upon littoral and hinterland states of
Indian Ocean area, permanent members of the
Security Council and other major maritime users
of Indian Ocean to support concept that Indian
Ocean should be zone of peace.
Landlocked/Shelf-Locked Study Resolution
(A/RES/3029 B, XXVII, 12/18/72)
Called for study of extent and economic signifi-
cance in terms of resources, of international
area resulting from each proposal of limits of
national jurisdiction presented to Seabed Committee.
Peruvian Coastal State Study Resolution
(A/RES/3029 C, XXVII, 12/18/72)
Called for study of potential economic signifi-
cance for riparian states, in terms of resources,
of each of the proposals on limits of national
jurisdiction presented to Seabed Committee.
Aga i ns t
Against
Adopted w/o vote
Abstain
Abs tai n
Permanent Sovereignty over,Natural Resources In favor
(A/RES/3016 XXVII, 12/18/72)
Reaffirmed right of states to permanent sovereignty
over all their natural resources, wherever found.
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Membership in Organizations Related to LOS Interests
CEMA Council for Economic Mutual Assistance
Geneva Disarmament Conference
IAEA International Atomic Energy Agency
ICAO ............................. International Civil Aviation Organiza-
tion
ILO International Labor Organization
IMCO ............................. Inter-Governmental Maritime Consulta-
tive Organization
ITU .............................. International Telecommunications
Union
Seabeds Committee ................ United Nations Committee on the Peaceful
Uses of Seabed and Ocean Floor beyond
the Limits of National Jurisdiction
UN ......... United Nations I
UNESCO ........................... United Nations c;ducational, Scientific,
and Cultural Organization
UPU .............................. Universal Postal Union
Warsaw Pact
WHO .............................. World Health Organization
WMO .............................. World Meteorological Organization
Universal Copyright Convention
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s
UNITED NATIONS
CC ID COMMIT'T'EE ORIGINAL: RUSSIAN
Distr.
LIMITED
A/CONF.62/C.2/L.26
ON THE LAW OF THE SEA 29 July 1974
ENGLISH
THIRD CONFERENCE
People's Republic of Bulgaria, German remocretie Republic, Polish
People's Republic, Union of Soviet Socialist Republica
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 adjacent 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 bu 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 international law.
Each State hab the right to determine the breadth of its territorial sea within a
maximum limit of 1.2 nautical milen, measured from the baselines determined in accordance
with articles ... of this Convention, and subject to the provisions of articles ...
concerning straits used for international navigation.
SECTION II
Method of measuring and delimiting 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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English
Page 2
SECTIO*' III
Right of innocent passage through the territorial sea
Subsection A. Rules applicable to all ahips
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 stopping 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) Deliberate acts interfering with any system of communication of the coastal
State;
(g) Deliberate actri interfering with any other facilities or installations of the
coastal State.
The provisions of subparagraphs (e) to (g) of thin 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 ::egule~iono 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.
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 stay 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 necessary 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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Enr,.l .ah
Page It
Article 20
1 The coastal. St;1 adop', Javs and regulations in respect of innocent passage
through its territorial sea. Such laws and regulations shall comply with the
provisions of tha present Convention and other rules of international law and may be in
respect of the following quest ?.ovs:
(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
e sea-bed and subsoil of the territorial sea;
(d) Prevention of damage to communication lines and electrical transmissions;
(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 present
Convention;
(f) 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 lews 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 iruiooent 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 laws and regulations of the coastal State.
5. The coaBtal 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 for 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.
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Page 5
Article 21
In areas of the territorial sea in which navigation cu;:ditions make it no
desirable, the coastal Skate may introduce sea-lanes and traffic separation schemes and
shall ensure that these are'cloarly indicated on the charts and that they are given due
publicity.
Article 22
1. No charge may be levied upon foreign ships by reason only of their passage through
the territorial sea.
2. Charges may be levied upon a foreign ship passing through the territorial sea only
as payment for specific services rendered to the ships. These charges shall be levied
without discrimination.
?
Subscetion B. Rules applicable 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 c.-:me 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
.,rder of the territorial sea; or
(c) If the assistance of the local authorities is requested by the captain of the
ship or by the consul of the country vhose 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 leafing 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. In considering whether or how av arrest should be made, the local authorities shall
pay due regard to the interests of navigation.
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 an investigation in connexion
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Page 6
with a cr.mu con4nitt?ed bcforu the nhip ontered the territorial uca, if the chip,
proceeding from a foreign port, in only passing through the territorial sea without
entering the internal waters of the State concerned.
Article 24
1. The coastal State shall not atop 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 anaumed or
incurred by the ship itself in the course or for the purpose of its passage through t ho
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 parsing
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
s}il ps 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
ni etr.
LEIITED
i /corer.62/c.2/L.27
July 19'(4
THIRD CONFERENCE
OH THE LAW OF THE SEA
Byelorussian Soviet Socialist Republic, Buliiaria,
Czechoslovakia, German Democratic Republic,
Hungary, Mongolia, Poland and Union of Soviet
Socialist Republics: draft article on the
contiguous zone
1. In a zone of the high seas contiguous to its territorial sea, the coastal State
may exercise the control necessary to:
(a) Prevent infringement of its customs, :iscal, immisration or sanitary
regulations within its territory or territorial sea;
(b) Punish infringement of the above regulations committed within its territory
or territorial sea.
2. The contiguous zone may not extend beyond 12 miles from the baseline from which
the breadth of the territorial sea is measured.
3. Where the coasts of two Staten are opposite or adjacent to each other, neither
of the two States is entitled, failing agreement between them to the contrary, to
extend its contiguous zone beyond the median line every point of which is equidistant
from the nearest points on the baselines from which the breadth of the territorial
seas of the two States is measured.
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UNITED NATIONS
GENERAL
ASSEMBLY
Dint r.
LIIMI'1E])
A/AC.1j?/NC.II/L.7
25 July 1972
ENGLISH
COMMITTEE ON THE PEACEFUL USES OF TILE SEA-BED AND TIM.
OCEAN FLOOR BEYOND THE LILTS OF NATIONAL JURISDICTION
SUB-COIM'IITTEE II
UNION OF SOVIET SOCIALIST REPUBLICS:
Draft articles on ,itraito used for
international navigation
Article .
1. In straits used for intciiiational navigation between one part of the high seat:
and another part of the high seas, all ships in transit shall enjoy the name freedom
of navigation, for the purpose of transit through such straits, as they have on the
high seas. Coastal States may, in the case of narrow straits, designate corridors
suitable for transit by all ships through such straits. In the case of straits Vherc
particular channels of navigation are customarily employed by ships in transit, the
coz,idors shall include such channels.
2. The freedom of navigation provided for in this article, for the purpose of
transit through the straits, shall be exercised in accordance with the follovin3 rules.
(a) Ships in transit through the straits shall take all necessary stops to avoid
causing any threat to the security of the coastal States of the straits, and in
particular warships in transit through such straits shall not in the area'of the straits
engage in any exercises or gunfire, use weapons of any kind, launch their aircraft,
undertake hydrographical work or engage in other acts of a nature unrelated to the
transit;
(b) Ships in transit through the straits shall strictly comply with the
internationa], rules concerning the prevention of collisions between ships or other
accidents and, in straits where separate lanes are designated f'r the passaoe of ships
in each directio..., shall not cross the dividing line between the lanes. They shall
also avoid makint unnecessary manoeuvres;
GE.72-14490
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peke
(c) ;lhipn in trrunoit through the ntrrtitrr shall tttk pracnutionaiy moam>.ran to
rvoid amninl; pollution of the watery ruin coantn of the titraitn, or any other kind
of drunugo to the coastal Stilton or 1,110 fitraitf)l
(d) Liability for any danutgu which may be caused to the conntal. !halos of tho
ntraitn no it result of the transit of nhipn shall rcpt with the flag-Stato of the
ship which hen aauard the dwnal;e or with juridical portions under its jurisdiction or
actin(; on itti behalf;
(o) No Utate shall be entitled to .interrupt or atop t;te transit of ships through
the ntraitn, or ongage therein in tiny natn which!, intorfem with the trannit of chips,
or roquiro isltipo in tranuit to atop or cor:amuilcato information of any kind.
3. Tire provisions of thin article:
(a) shall apply to ntraitn lying within the territorial watorn of one or more
coastal States;
(b) rhal.1 not affect the covoreign ri.ghtn of the coastal Stator with respect
to the surface, the nea-bed and the living and minif,ral ronourcon of the ctralta;
(c) shall not affect the fugal r6gimr of ntra2to through which transit is
r. gulated by international t -roementn specifically relating to such titraita.
1. In the cauo of straits over which the airspace is used for flights by
foroiCn aircraft between one part of the high seas and another part of the high soar,
s11 aircraft shall enjoy the :;ante fro :don of overfliUht over such straits an they
have -in the airspace over tho hi( rear. Coati .al states may designate special air
^.orridors suitable for overflight by aircraft, and special altitudes for aircraft
f?.ying in different directionu, and may establish particulars for radio-communication
with them.
2. The froedon of overflil;`nt by aircarft over the straits, as provided for in
this article, shall be exercised in accordance with tho following rules:
(a) Overflying aircarft shall take the necessary steps to keep within the
boundaries of the corridors and at the altitudes designated by the coastal States
for f1i6lits over the straits, and to avoid overflying the territory of a coastal
?
O
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State, unlonn such overflight in provided for by the delimitation of the oorz idor
donignatod by the coastal State;
(b) Ovorflyinn aircraft shall take all nocesnary stops to avoid causing any
throat to the security of the coastal Staten, and in particular military aircraft
shall not in the area of the straits engage in any exorcises or gunfire, use weapons
of any kind, take aerial photographs, circle or diva doom towards chips, take on fuel
or ongago in other acts of a nature unrelated to the overflight;
(o) Liability for any damage which may be caused to the coastal States an a
result of the overflight of aircraft over the straits shall root with the State to
which the aircraft that has caused the damage belongs, or with juridical persons under
its jurisdiction or actin, on its behalf;
(d) No State bhall be entitled to interrupt or atop the overflight of foreign
aircraft, in accordance with this article, in the airspace over the atraita.
3. The provisions of this article:
(a) shall apply to flights by aircraft over atraita lying within the territorial
waters of one or more coastal Stator;
(b) shall not affect the legal r6gimo of straits over which overflight is
regulated by international agreements specifically relating to ouch straits.
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?
~)) UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Dintr.
LIMITED
A/CONF.62/C.2/L.11
17 July 1974
ENGLISH
ORIGINAL: RUSSIAN
PEOFLE'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 III'TERNATIONAL NAVIGATION
0
?
1. In straits used for international navigation between one part of the high seas as-
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 Staten may designate corridors suitable for
tran+-it by a]??1 ships tbrcugh such straits. In t!.e case of straits where particular
channels of navigation are customarily employed by ships in transit, the corridc8
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 exercises 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 Marimitc 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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Page 2
(c) ahipu in `.rannit through the straits shell take all precautionary measured to
avoid cauainC pollution of the wnteru an, coanto of the straits, or any other kind of
damage 'to the coastal Staten of the atraito. Supertankers In transit through the
atraito ahc.1 take special precautionary measurco to ensure the safety of navigation and
to avoid cauoi.ng po'.lut ion;
(d) Liabi.l.ity ftr c.ny damage which may be caused to the coastal States of the
atraita, their citiz.ra ::r juridicrl pornona by thn Whip in transit, shall rest with the
owner of the nbip or oth person .liobin for the damage, and in the event that such
compersa`ion in rut i.:.i&l 1,y tbmm for ouch dwnage, with the, flab-State of the ship;
(e) 1'o Stato a:Jail be entitled to interrupt or uuopcnd the transit or ships
through the c 7ni.to, or engage the=eiii in any aeta which interfere with the transit of
ships, o: recurs ryhiF,:s in transit to stop or communicate information of any kind;
(f) The c^)rtc.i Scat" shall not place in the atraita any installations which could
interfere with 'r hinder the ;.rnnr;t of chips.
3. The p~~~~i r;+[~+a cf thin article-
(a) a&:sl.L r tra:.to lyi.nc; ;dthin t!c. territorial sc . of oae or more
cocatcl i'.;ai ; ,
(b) sh:11.T_ot ncfcct tha sovereign rights of the coastal Staten with respect to
the tae :::e.-.tad r,:id ty? 1svir.,, slid :moral resources of the straits;
(c) s:'url1 n.i affec . the le, 1 r&gin:e of straits through which transit is
regulated 17 ??.rtcri-tiona.. a(rucmcnte rpecifical.ly re3stini; to ouch straits.
In the cnrc of c:r^.itrs lcudinQ fl-W, t%e high se=a to th^ territorial sea of one or
more foeei State:, L---.d uLc6 for iutcrrationa:i navigation, the principle of innocent
passage for all 1l-tips all c.;)gl? t ~.: this passage shaU. not be sunpenced.
1. In the cas:^ .s:rai;u over which the air :i?.ae is traditionally uoc3 for transit
flights 's:y foreign e.ircvof t bet? recn 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. Coact-.-! StP.tea mnj designate special air corridors suitable for overflight by
aircraft, and special altitudes, _:.r aircraft flying :.n different directions, and may
establish pa:?ticulars for r:.1io-.cosmnunication with them.
2. The freedom of tr^nait overflight by nircraf over the straits, as provided for
in this article, s)a11 I.o exerciaed in accordance with the following rules:
(a) C?jerflying aircraft shall trk: the necessary steps to.keep vithin the
boundaries of the corridors and at the altitude designated by the coastal States for
?
40
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Enrlinh
Pave i
flights over Lhc atrnitn, rind to avoid overflying Lhr, lend territory of n conatnl :;trite,
unless ouch overflight. to provided for by thj deliritution of the corridor denignuted
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 nhnll 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 acto unrelated to overflight;
(c) Liability for any damage which may be caused to the coastal Staten of the
straits or their citizens or juridical persona by the aircraft overflying the atraito
shall rest with the owner or the aircraft or other person liable for the damage and in
the event that compensation in not paid by them for ouch damage, with the State in which
the aircraft in registered;
(d) No State shall be entitled to interrupt or nuopond the transit overflight of
aircraft, in accordance with this article, in the air space over the straits.
(a) -shall apply to transit flights by aircraft pvcr straits lying within the
territorial sea of one or more coastal States;
(b) shall not affect the legal r6gimc of straits over which overflight in
regulated by international agreements specifically relating to such straits.
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UNITED NATIONS
GENERAL
ASSEMBLY
e
COMMITTEE,, ON '1'NI1 ]'1!:AC1"'1111, 1171;i; op 'Pill:
SEA-DL'U AND THE. OCI?AN FLOO1I I1EY0111)
'1'11P,' L1141TO OF NATIONAL JUIII iD1C'I'IOIl
SUB-COI4 UTTLT 12
Distr.
L ]141'I'l U)
A/AC.:i 311/:iC. 1.1/L.7G
13 Ju]y 1973
1-1J(;LIS1l
Original i 101007/1N
Union nf Sovir't, Oorinliit l, 11einthl I 'ns Rourh draft of
bank: nrovinic)no oil Lip, (liwntinn ,)1' t.lu onl,rr 1J.tnit,
0I' the cont.inrnt.al nhi J f
(1) The outer limit of the continental uhr_,lf may b,., established by the couutul "tnte
within the 500-metro ioobath.
(2) In areae where the 500-metro ioobath referred to in paragraph (1) hereof' io
situated at a diutnnco less than 100 nautical mileu meaaurod from the baselines from
which the territorial r.,-'a is meanurod, the outer limit of the continental shelf may
be established by the coatul State by a line every point of which is at a distance
from the nearest point of the said bacoli.nea not exceeding; 100 nautical miles.
(3) In areas where there iu no continental shelf, the coaotal State may have the sruna
rights in respect of the sea-bed as in respect of the continental shelf, within the
limits provided for in paragraph (2) hereof.
?
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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
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 Republica, noting the understanding reached at the Conference
that all questions conccrnning 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 net 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.treedom.af ociectific research,
determination of the outer limits of the continental shelf, the sea-bed r6gime and the
prevention of pollution of he sea environment).
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Page 2
Article 1
The coastal State shall have the right 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 mown 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 nea-bed and the shbsoil thereof.
Article 3
The economic zone bhall no.t 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 zubm:arine cables sand pipelines.
Articles
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.
1. Subject to the provisions of paragraphs 2 and 3 of the present article, the coastal
State shall have the sovereign right to engage 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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Pogo 3
Tho coantal State hall 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 clone to such
ncn-const31 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 net up in places where they might be
a hindrance to the use of the regular sea routes which are of essential importance to
international navigationt 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,l0
No economic zone .mat be established by say State which has dominion over or controls
a foreign territory in waters contiguous to that territory.
Article U
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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Pane 4
representatives of interested States in the r3."ion concerned and other States enC?ded
in fishing in the region, the coastal State shall determine ii, the economic None:
(a) The allowable annual catch of oaah spoelee of fiar 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 urine
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 .4ry 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 aa;-
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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Pate 5
2. Permission for foreign fishermen to fish in the economic zone of a developed
coastal Stnte 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 li,'cence anal in accordance with the provisions
of articles 16, 17. 18, 19 and 20 of this Convention.
Article 16
When granting foreign vessels permission to fish in the -conomio zone and in oraa
to ensure an equitable distribution of living resources, a coastal State shall observe,
while respecting the prig ty of the States specified in articles 18 and t9 of this
Convention, the following order:
(a) States which have borne considerable material and other costs of research,
discovery, identification an] 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 resaurcet;;
(c) All other States
A"t1e .17
Any questions of payment for the grant of licences to foreign fishermen to fish
in the economic zone of a aeveluping coastal State shall be settled in accordance
wit:i the provisions of ?uhis Convention and the recommendations of the competent
international fiery organizations and by agreement between the States concerned.
Payment for fi:l.ing permits granted to foreign fishermen in the economic zone
of a developing coasts? State shall be levied on a reasonable basis and may take
various forms.
Article 18
Neighbouring developing coastal States ma,- allow each other's nationals the right
to fish in a specifies arcs of thcix a%onomic zones on the basis of long and mutually
recognized use. The cond?.tions 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 rarrow cortiuenta.'?. shQlf shall enjoy the privilege of fishing in the economic
zone of a neighbouring coa:stnl State on the basin of equality with the nationals of
that State. The co:.3itions governing the enjoyment of this privilege shall be worked
out by agreement betwcr.n he parties concerned.
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f'aLe C
Article 20
1. Coastal States in whose rivers anadromouo opeeies of fish (oalmonidae) spawn
shall have sovereign rights over ouch fish and all other living marine resources within
the economic zone and preferential rights outside th" zone in the migration area of
anadromous fish.
2. Fishing by foreign fisheries for onedromous species may be carried on by an
agreement between the coastal State and another interested State establishing
regulatory and other conditions governing fishing by foreign nationals.
3. Priority 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 anadromoun species in the region concerned.
Article 21
In order to enable the fishing t3eets 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
Leto force ;-f this Convention.
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10 UNITED NATIONS Distr. A:0_._
G NEIIAL
~'ry igin
ASSEMBLY Or
.~.~ Origina
al: RUSSIAN
M-le, 2~.J.lg 193
GENEtAL ~ 'a~..5 2 22 July 1 71
COi21ITTEE ON THE P1y:C,';2UL USES OF THE
SEA-BED AND THE OCEAN FLOOR B XOND TIi '
LIMITS OF NATIO1IAL JURISDICTION
43
UNION OF SOVIET SOCIALIST REPUBLICS:
PROVISIONAL DRAFT :' IRtiTICLI:S OF A TREATY ON TIM USE
OF THE SEA-BED FOR PEACEFUL PURPOSES
The States Parties to this Treaty,
Attaching great importance to the rational and orderly use of the sea-bed and
the subsoil thereof beyond the limits of the continental shelf exclusively for
peaceful purposes and for the benefit of the peoples of all countries,
Considering that co-operation in this field between States, on the basis of
a treaty, would contribute to the maintenance of international peace and security
and to the development of international co-operation, and would also promote
the utilization of the resources of the sea-bed in the interests of economic
progress, including the interests of the economies of the peoples of the
developing countries,
Noting the great importance of the Treaty on the Prohibition of the Pnplace-
ment of Nuclear Weapons and Other Weapons of Mass Destruction on the Sea-bed and
the Ocean Floor and in the Subsoil Thereof, as an important step towards the
exclusion of the sea-bed and the ocean floor from the arms race,
Recalling General ".sserably resolution 2749 (XXV) approving the Declaration
of Principles Governing the Sea-Bed and the Ocean Floor and the Subsoil Thereof
beyond the Limits of National Jurisdiction, which provides inner ilia that an
international regime applying to the sea-bed and the subsoil thereof shall be
established by "an International Treaty of a universal character, generally agreed
upon",
Convinced that the conclusion of a Treaty on the Use of the Sea-Bed for
Peaceful Purposes will contribute to the realization of the Purposes and Principles
of the United Nations Charter and to the strengthening of the principles of inter-
national law governing the freedom of the seas, including the freedom of research,
GE.71-17212
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pogo 2
Have agrooci nn follown s
ai i,iclo 1
The aoa-bod and the nitbuoil thereof within tlia limits npocifiod in articles 2 and
3 of this Treaty ;hall ba open to use oxclusivoly for poncoful purposes by all Statos,
whot'her coastal or innd-1ochoi, without any discritrinrrtion whatauovor.
Article 2
Tho provisions of this Tronty ahc:]1 apply to the eon-bod of the high soar, ?d the
subsoil therc:ui boyonci t:iu limits of the continental shelf. In areas wharo there is
no continontal uholf, the provisions of this Troat;; shall apply to the soa-bed of the
high sons) boginninl; at tho do:1arcatlon lino p.ovided for in article 3 of this Treaty.
~.: tielo 3
(^uostion of the limits of tiro son-bod)
Article 4
The use of the eon-bod i'nd the subsoil thereof for the purpouo of exploring and
exploiting its resources shall not confli(:t with the principles of freedom of
navigation, fishing, resaurch awl other c~ctivitios on the high seas.
:?blc].o 5
1. 1,'o State shall claim or exorcise sovereign- 'r or sovereign rights over any part
of the cos-bed or also subsoil thereof. States Parties to this Treaty shall not
rocognize any such claim or c::orcise of sovc::Agnty or sovereign rights.
2. Similarly, the s3a-bc and tho subsoil thorcof shall not be subject to appropriation
by any monns, by States or persons, natural or juridical.
:irticlo 6
1. The use of tho sea-bed and the subsoil thereof for railitarr purposes shall be
prohibited.
2. i,ono of the provisions of this Treaty n.ay be applied or construed in a manner
prejudicial to any measures which have been or may be agreed upon in the context of
international disarmament negotiations and which may be applicable to an area larger
than that specified in articles 2 and 3 of this Treaty.
3. Similarly, none of the provisions of this Treaty may be regarded as an impediment
to the conclusion o: api)lication of disarmament agroerrcnts relating to the sea-bed,
including the application of the Treaty on the Prohibition of the Daplacement of Nuclear
Weapons and Other Weapons of Hass Destruction or the Sea-Bed and the Ocean Floor and
in the Subsoil Thereof,
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put;o
4. W1Lh n viou to Lho nffur,Llvu lml,lernunl.nl,lon or Lho 1,rov1ni.uno or i,,,trcl,rnl,h 1. rrnrl
of the nronsuran provldud for in pornl!rnph ;'. of' Lhl.:; a:t.ir:le, mid :;loo wil.lr n vluw to
the oxclunion of the noa-bud rind Lhu nub:;o[:l. Lheroof rrorn Lho rtrrnn -vtcu, Cho LLuLr;;;
Pnrtion to Wit; TrorcLy unriorLa!;o to sour::Ludo furLhur LnLornationa]. arroornont,:, nn anon
as pouniblo.
Ar1,1 vIL12
In regard to Lho non-heel and taw :n bnoi1 thereof, `.;LaLen shall art In ucconlinco
with the principle.,; and rule:; of internat:iorut]. lrtw, inclutlint; tho Charter of the
United Nati.on:; and Lho Doeloration on Principle:; of InLornaLlonal Law concorn:Ln;
Friendly Relations and Co-operation runung Staten, and al io In aovo.danco 14.1.1,11 010
Declaration on the GranLinl; of Indopondonco be Colonlu]. Countries and i'ooplo::, in the
interests of maintainint; inLernational poaco rind security anc; in the interontn of the
peaceful co-u:dctcnco of Stator; with different oocial sy:;tome and the promotion of
international co-operation and mutual understanding.
rrt;i eK
The industria]. o::ploration of the sou-bed and the nubsoil thereof and the
exploitation of their resources shall be carried out for the b,;nofib of mankinm? an a
whole, irrospective of the geographical location of Str:Los, whether coa.;tal or ltu:ci-
locked, and raking into particular consideration the interests and noecls of the
developing countries.
Article 9
(Question of licences for industrial exploration
and exploitation of sea-bed resources)
Articl 10
1. With a view to the industrial exploration and exploitation of the resources of
the sea-bed and the subsoil thereof, stationary and mobile instcliatIons may be
erected and or.placed.
2. The installations referred to in paragraph I of this article shall not be placed
in straits and at points where they may obstruct pas:;ago on sea-lanes of vital
importance for international shipping or at points of intense fishing activities. Such
installations shall be erected, emplaced and operated in accordance with article 12 of
this Treaty. Safety zones shall be established around these installations, with
appropriate navigational markings to ensure the safety both of the installations
themselves and of shipping.
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r'-l;u 4
.3. Thu orti'OLy ::onnn roferrod. to In pt,.rtcg!raph 2 of Litt:; nrL1 '..l.o may nxtond for a
dL;u,incr, of 500 moire;; ::round Lhu i.nt;LttTJ.aLionu urocind, munmtrncl from ouch point of
thulr pcriphory. Tho conf:tt;urui,1on u.rul location of the :;afuty ^:onoo an unc)t nrr.a of
the worldre oeoano nhall bo ouch Lh:tL Lh(jy do not togroLhur form a bolt barring thn
accent; or nhl.ppi.ng, to particular mari.Llm.) :.ones or cutting; acro:;n :l.rrternati.onal non-
lanoo.
4. [rn;Lallationo for Lho oxhioiLatlon of Lhu ruoourroo of Lhu aca-hod and the nubooil
thoroof shall be croatod and umplacod by SLator within tho hint t; of Lhu nocLoro of Lho
aoa-Lori used by thorn. On the uxpiry of Lhu period for which a noctor has been al?.ocatod
to a State, such innL?allati.ona :;hall bo di:;mantl.od and removed, unlu:;a wiothor SLato to
which Lho sumo doctor has boon u1J.ocatod undor the proc;;duro npocificd in this Troaty
acquires the natd i.nutaiiationc for Lho purpooo of o::plol'ing t)10 MOOLirces of the
coctor,
5. The con true Lion or emplacement of any under-wator or surface installations for
the exploration and oxplolt:.tion of tho rct;ourcon of Lho con-bed and the subsoil
thereof, and also the r~tnov:1 of such insta1J.ritionn, nhull inunediatoly be notifiod by
1?oticus to Mariners or other ganarnlly rc:cognized morns of notification. I4oa;uros ;hall
also be trJ;cn to maintain means of warning nar1riors of the prosence of such installations.
6. Such installations shai1 not possess the status of isl..nds and shall have no
territorial sea, and their pvcsenco shall not affect the dotormination of tho limits of
the territorial sou or of the limits of the ooa-bud in accordance with article 3 of this
Treaty.
Article 11
1. ial types of activities by autos on the oca-bcd and in the subsoil thereof, as
provided for in this Treaty, shall be undor~,akon In compliance with the rules for the
protection of hum:ul life at sea.
2. States engagod in the industrial exploration or exploitation of the resources of
the sea-bed and the subsoil thereof shall take appfopri.ate measures and co-operate with
one another to prevent pollution and contamination of the marinc environment and also
to prevent intcrCcrcnco with its ecological balance ac; a result of activities on the
sea-bed. Furthermore, such activities must not cause damage to the flora and fauna of
the marine environment.
3. The aforementioned States shall establish rules for the operational safety of the
installations referred to in article 11 of this Treaty, and shall co-operate with one
another in this regard.
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ptigo
!.r{_'J!1 .117
1. Tho .Lndttnt '1rtl. axplornLion ;uul xp.Ln:1.I,ituon of the ru:;ourcu:; of,' Lc, ; on-horl ruin
the uubnoll, thoroof nh::l.l not cr.,,ttr, :ny uajut.ifinhj.u ohnLncln:; Lo ctnL:i.vlt.Imt in the
marine onvi.ronrnont tth:Lch nt?o coucur:tud In r.crord:tnco tr1LI Lho J;,,nurully rooo;!ni.;~ml
prlnci.plos of .L11Lorn;tL onai .1t:w,
2. t.ccorc]:Ln(1/, Lho ditwn:tiurr,t and con.C.l(;ura&,ion of r,ucrLore or thj non-bud tin;,.' for
tho oxploiLrLioil of Lho ro;loll ruo..; oJ' the Cron-hod r.nd L1,u .rubao.l]. Lhoroo,:, Lho locaLio;t
of thorn socLo:' in rolnLlon Lo uno c:noLltc;? and thu ]artier of :;actor:; In a prtrLic:uittr
area of Lhi, worldCn ocouun nha:1.1 not, bu :retch that the Hector:, (oven with, hoLtrcjn
than) torothc.r form . hu:LL ::c:ro: m'.,rit irnu r,onon Lhrout;lt which Lho vcJ:Jinn of ;tuLo:;
having, no cor :;L.liao on the i.tlu:tLic, Irv 1f.'ic or IndIr:n Ocean:; rnt.ko choir way to L;tc
watori of Lhono organ.; or to Lho :LnLurnn,.a.on,.l acs-1u;~c:: cro:;:;in;; them.
3. Thu i.'or.:goin,; provision :,h;,11 :,~pply r..:Lro to :trco.M in which the inc;ustr:i.u]. u:C~l.ort_tion
of the ranourcus of the sra-bed card the sui,!-oil tlwr.,of i:; boi.nt; und.ortaken t.nd. ?.o the:
ntunbor and loecrtion of the insL0.1ationn uro,:L:;d for Lho inciuotrinl_ e:eploration of the
resources of the non-bed end Lho atb:;oil Lirr,.,:of.
4. Installations crucL.:d for Lho indu Li i.: ;xploratlo;l or o:cpio1tr.'cio1l of' the
resources of Lho son-boct. rid the ;ul.,:;oi]. thoroof ohal'_ not be used for militrr? pu?po::cs
of r.ny kind. In p;:: Licu].ar, ;h , ; :;hall not be used for :ho omplac;>^tcnt, ,,Loran,., or
testing of cuiy military eduip;son or ttor.ponc.
5. Shipping and other attivitiuo in the marine cnvirc ;font in the areas in quen-Lion
shall be excrci:od with r:)asonabi regard for the industrial c;cp].oration anc'. o:cploita'pion
of the a.foremenLionod re nourcos, provided Lhc.t activitio ~ on Lho sea-bod and in the sub-
soil thereof are concluct;,d in rccord'.nco with the provi^ions of paragraphs 1-4 of Lhie
article.
Artic:L^ ].3
States Parties shall, in %ccordance with the provisions of this Tr aty, ?Le?:c stops
for the ord.;:ly and rational exploitation of the resources of the sca-bcd and the sub-
soil thoroof.
Antic o 14
(Question of the dicLribution of benefits)
Article 1.5
1. A State Party to this Treaty, which has grounds fo~ believing that activities on
the sea-bed by smother State party are contrary to the provisions of this Treaty, may
request that consultations be hold on the subject of those activities.
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2. SLato;i Partion Lo Lho Tront;y :A hall no L, nun rub , rofuse rouucatu for coniu1 ationo
nu provldod for In p;: n;;rnph .1. of Wilt; arUclo.
3. In Lho event Lhr.t n rocuost for connu1 ations in rafu^orl, Lho $ ton concerned :.hall
. u ttlr. ; holr dluputo In t'.;;corr;,,nco with the proeoduro p:'ovidod for in arLiclo 22,
: art.r;ruph 2 (1), of t,iin Tronty.
Article 1G,
1? !r CLaLo Pcu?Ly to the Treaty shall. be rorponsiblo for onaurin~; that activition
connecter] wi1;1i the industrial oriloration and o:pplo1Latlon of the rooourcos of the
-bad, including L`ho act:lviLlou of naLurtrl and Juridical porc;ons vnrlor its jurisdiction
or ac; Linty on its behalf, are conductod in accordance with thin Treaty.
2. A StaLo Party to the Treaty shah be responsible for any danago caused to another
State Pt'rty to the Treaty as u ro:;u1t of activities on ;ho noa-bod.
Artlclo 17
1. Tho Intornationc:l Sea-lied Ro:'ou: cos Agency, of whir!: Stator Parties to this Treaty
stay boconc momboz?s, 1s horoby established.
C. The principal organ:j of Lho International Agency nhall ''; the Conference of Status
mn:::bcrs of l;ho A-oncy and the L'::ecutive Board.
3. T,io a.dministr ;Live and technical sorvicin of the . ctivitiec of the :,Gency and its
organs shall be vndortalcen b;' the Secretariat, headed by the L::ocutive Secretary.
Article 18
1. The Conference of the Agency shall br. composed of all Stotes members of the Agency.
2. The functionn of the Conforcnco shall o to:
Cr.) E3tahl.ish the E ccutivo Board,
(b) Consider and approvo the Agony's aciminiotrotivo budget;
(c) Consider general ccuestior_c rela.;;ing to the e;:p loitation of the resources of
the so-bed and the subsoil thereof;
(d) :adopt resolutions, on the recommendation of tho Executive Board, depriving
State:; of the rights and pr.ivilo;;cs arising from membership of the Agency, in
the event of systematic violations of the provisions of this:, Treaty, and adopt
resolutions, depriving "Cates of the said rights and privileges on the
recommendation of the United Nations Security Council;
(e) Consider the report:; of the ExccxLivo Board;
!Anoint, on the rrcomend,.t3on of the Executive Doard, the Executive Secretary
of the Af;;;ncy, and consider questions concerning the stLff of the Secretariat;
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Patin 7
(g) Draft goncral principios and c.loo rocornmondationn to ;t:.;ton (,oncornln~l tho
pruvontion or pollution and eontwiination of t ho merino onvironrieni; n:; a
result of the oxplorc:tion and o;ploit:.ttion of :;oa-bcd rc:;ourco;i;
? (h) Consider other quor;tiono which mny arl?;q in connoYdon ltit;i applicn.tiorr of
thin Treaty, unless they come within the compotonco of tho E;:ocutivo Board.
Article l9
Regular uoaiono of the Conforonca nhriJ.l bo convonod every tuo yoarn. Extraordinary
sonaions may be hold at the roqucat of the ExoctrLivo Doard or a majority of the Partin:;
to this Treaty.
Art:ic].n 20
1. Each State participatin in the Coni'orc;Ice :;hall have one vote.
2. Decisions by the Conforonco on question j of nubatanco shall ba rac.cio by ,. two-thirds
majority of the momborn of the Agoncy pr.ooont and voting;; docisions on proccdur;:l
questions shall be made by a simple majority.
Artlc].o 21
1. The Executivo Board shall consist of thirty State:;. The Doar.l shall nccordin-ly
include five States from each of the follotring -roups of countrioa:
(a) the socialist countrio:;,
N) the cotultrico of Asia,
(c) the countries of Africa,
(d) the countries of Latin America,
(o) the trostorn European and othor co:uitrios not coming within the cat( origin
specified in sub-paragraphs (a) to (d) of thi:, pa_r.agraph;
and (f) one'land-locked country from each of the aforementioned Groups of Staten.
2. iierfoers of the Executive Board shall be elected for a term of four years.
Article 22
1. The Board shall be the executive organ 'of'the Intor:i;:tinnal .(,"cicy.
2. The function:; of the Board shall be to:
(a) Supervise the implementation of the provisions of this Treaty by States Part;i
to the Treaty, and supervise activities in conne::ion with the industrial
exploration and exploitation of the resources of the sea-bed and the subsoil
thereof;
(b) Co-ordinate the activities of Stators Parties to this Treaty in the industrial
exploration of the resources of the sea-bed and the subsoil thereof, and masse
a general evaluation, on the basis of data obtained from States, of the
reserves of proven resources of the area over which they extend and their
geographical distribution on the sea-bed, and also of the depth at which they
occur in the subsoil;
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,VAG.133 43
pc.;;o B
(:) (Iltnctionn in rogarc to the issue of 11concon);
(d) (Functions in regard to the dini.ribution of bonafitn);
(o) 3uporviso compiianco irith tiro provisiono of articles 10 and 12 or this Treaty;
(f) Connidor specific problono arici.n;,r for lane:-lockod countries in connodon with
the o,,ploration and c .ploitation of tho ronoiucos of the noa-bod and the
nub.iwil thoroof;
(g) Promote o:cchangoa of scientific and technical information on questions concerning
the o plore.tion and o:cnloitation of the rosoureos of the sou-bod and the
subsoil thereof;
(h) Adopt rocommondationo to Status Parties to this Treaty concerning wayn of
preventing pollution of the marine environment and damage to the living
rosouicos of the sea as a result of the industrial exploration and exploitation
of the resources of the sea-bed and the subsoil thoroof;
(i) Assist in settling disputos between States concerning implementation of this
Treaty, by applying the moans for peaceful settlement listed in Article 33
of the United Nation; Charter; and establish, at the request of parties to a
dispute, organs of conciliation, arbitration, etc., for Bottling trio dispute;
(j) Consider other questions arising out of the provisions of this Treaty.
Article 23
1. Decisions of the Executive Board on questions of substance shall be made by
a,;reement; decisions on procedural questions.shall be made by the majority of the
..)ors of the Board present end voting.
2. Decisions relating to article 22, parn-raph 2 (1) shall be considered as adopted
only if -the parties to the dispute so agree.
3. Sessions of tho .'xocutivo Board shall be held not loss than once a year.
Article 24
Any State Party to the Treaty which is not represented on the E.-ocutive Board may,
if the question under consideration directly affects its interests, participate in the
c'iscussions in the Executive Board, without the right to vote.
Article 25
~;eiIhcr this Treaty nor any rights granted or exercised pursuant thereto shall
affect the legal status of the superjacent waters of the high seas, or the legal status
of the air space above those iaaters.
Article 26
::ono of the provisions of this Treaty or the rights granted to the International
Sea-Bed Resources Agency or its organs, and sir Early none of the functions oxerci--ed by
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tho A-oncy or its, organs, shall morn that 1,ho ALoncy ht:; jv.rircliction ovor Lao s^,uc~-bod
and the oub:ioil thoroof or ohr.11 ,:;ivo the A1;o1'cy ri,;htc or logal g?roujidr,, to consider
the noa-bod and tlio uubooil thereof an oimcd, pounossocl or used by it, or at its; di:;postal.
ArUclo 2'7
1. 1loithor thin Treaty nor any right:; grcarted or ororciocd purauant thereto :;hull
affect the froodom of rouearcit on tho non-bod and tho oubaoil thereof.
2. W:l.thout projudico to the frocdom of roooarch rafurrucl to in para rapJi 1 of this
art:i.cla, the Stators Paitio:; to the Treaty .rroo, in the intcro:;ts or the o;:_octivo
oxploita?tion of the rooourcco of tho ooa-bod rind the m)xioil thereof, to promote
international co-oparc.tion in research on the rer^ourcon of the :;ca-bocl rand the oub ,oil
thoroof, in particvlcx by:
(a) participating in international pro-r.-J'unos and encouraging co-oporcltion
between nciontis.tu of different cotuitrioc in the conduct- ^f research,
(b) publishing progrrxuaoc curl d.isoer;inati;;g the results or research, through
intornat;.onal as uoll an other c1i ni ols;
(c) co-opor..ting in i oc.nul en to e;q,and tiro resec.rcil f .ci:.itias of the dovelopinC
countrioo, including noa:,urc to increc::Je Via ;Jaxtici.pation of the national,,
of tho:,e countries in renoarcn.
Article 2G
This Treaty sha].1 be open for signe.turo by all State;:;. Any State which does not
sign the Treaty before it enter:, into force may accede to it at any time therea_rter.
Article 29
(Other final clauses)
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UNITED NATIONS
GENERAL
ASSEMBLY
COMMITTEE ON THE PEACEFUL USES OF
THE SEA-DED AND THE OCEAIv FLOOR
BEYOND THE LIMITS OF NATIONAL
JURISDICTION
SUB-COMMITTEE III
Distr.
LIMITED
A/AC.138/S0,III/L,32
15 March 1973
ENGLISH
ORIGINAL: RUSSIAN
Union of Soviet Socialist Republics: draft articles for a
convention on general principles for the preservation of
the marine environment
Article 1
?
The provisions of this Convention shall apply to the areas of the world
ocean including the continental shelf but excluding States' territorial waters.
States hereby assume the obligation to ensure that activities carried out under
their jurisdiction to preserve the marine environment within their territorial
waters do not cause damage to the environment of other States or of maritime
zones beyond the-limits of their territorial .raters.
Article 2
Obligation to prevent pollution of the marina environment
States undertake to adopt all necessary measures, including legislation, in
order to prevent pollution of the marine environment from any source, whether
marine-based, land-based or shore-based, including rivers, estuaries, water-pipes,
oil pipe-lines, the atmosphere, ships, aircraft, platforms and installations,
by substances which ma,:- be harmful to human health or to marine organisms or
interfere with legitimate uses of the world ocean.
Article 3
'.:ability for pollution of the marine environment
Each State shall be held liable for pollution causing damage to the marine
environment whenever such pollution results from activities carried out by
official organs of that State or by its physical and juridical persons.
0
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English
Page, 2
Article 4
Co-operation among States
1. Every State shall co-operate with other States and with competent
international organizations for the purpose of expanding scientific programmes
and research on pollution of the marine environment. They shall encourage the
mutual exchange of data and scientific information relating to the prevention
of marine pollution.
2. States agree to co-operate with each other, on a global or regional
basis, in developing a mutually acceptable methodology of rules and standards
for the prevention of marine pollution.
Article 5
Mutual assistance between States
States agree to provide assistance to each other, when it is-requested,
for the elimination of the effects of major accidents, such as those involving
supertankers, which may cause serious pollution of the marine environment.
Such assistance will be given in the first instance to coastal developing
States.
Article 6
Scientific and technical assistance for developing countries
Scientific and technical assistance in the prevention of pollution of the
marine environment will be given to developing countries at their re uest
throu1-* q
h the transfer of the necessary scientific and technical information, the
preparation of educational programmes and the training of experts and specialists.
Article 7
States' freedom of activity at sea
1. States agree that any rules and standards relating to the prevention of
pollution of the marine environment adopted at the national and international
levels should take into account the need to provide for and ensure on the high
seas freedom of navigation and of fisheries and the freedom to conduct research
and other normal activities of States.
2. The rules and standards adopted by States for the prevention of
pollution of the marine environment should not infringe upon the immunity of
vessels and aircraft which enjoy such immunity under international law.
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Article 8
OthLr conventions on preservation of the marine environment
The provisions of this Convention shall be without prejudice to the specific
obligations assumed by States under special conventions and agreements concluded
previously which relate to the prevention of pollution of the marine environment
nor to agreements which may be concluded in furtherance of the general principles
set forth in this Conventi.on,
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UNITED NATIONS
GENERAL
ASSEMBLY
COMMITTEE ON THE PEACEFUL USES
OF THE SEA-BED AND THE OCEAN
FLOOR BEYOND THE LIMITS OF
NATI011AL JURISDICTION
Diatr.
LIMITED
A/AC.138/SC.III/L.23
3 August 1972
ENGLISH
Original: RUS'18111
Working Paper submitted by the People's Republic of
Bulgaria, the Uknairian Soviet Serialist Rcoublic
and the Union of Soviet Socialist Republics
Basic principles concerninc international co-operation
in marine scientific research
It could be stated in the preamble that:
Further progress in marine scientific research for peaceful purposes is in the
common interest of all mankind;
Knowledge of all aspects of the natural processes and phenomena occurring in
the ocean, including the sea-bed and the ocean floor, is of great significance;
- Marine scientific research will promote the practical utilization of marine
areas and resources and will facilitate action to deal with natural disasters;
- Marine scientific research should b; conducted for the benefit of all countries
irrespective of their degree of economic and technological development;
- Assistance to marine scientific research would help to increase the well-being
of the peoples of the world, particularly in the developing countries;
- A comprehensive knowledge of the oceans can only be acquired by uniting the
scientific capacities and combining the efforts of States;
- It is essential to extend international co-operation in marine scientific
research and to establish tl-u most favourable conditions for conducting such research.
The basic principles might be formulated as:
1. Inter-State co-operation in the furti:cr development of marine scientific research
and the combined efforts of scientists in studying; the nature and interrelationships of
oceanic phenomena and proccs scs are an essential condition for the efficient and
rational exploitation of the wealth ,and ru3ourcas of the seas and the oceans in the
interests of all countries.
GE.72-14583
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2. International co-operation in conducting marine scientific research s}iall, servo
poacefUl purposes and help to i.ncrsaee the, well-being of the peoples of all countries.
3. Marine aciuntific research :;ball be cotductal in conformity with the
universally-rocognized principles and stand'rds of international law, including the
United Nations Charter.
The hlgh seas are open to tho unhampered pursuit of scientific r;soarch work by
all Status on a basis of equality, without discrimination of any kind.
4. States shall co-uporate with one another in providing favourable conditions for
thu conduct of marine scientific research and in the removal of obstacles to such
research. In particular, in the interoots'of international co-operation, States
shall, within the framewcrk of their national laws and rc ulations, facilitate the
entry into their ports of chips conducting marine scientific research by simplifying
the relevant procedure.
5. States shall co-operate in adopting measures dosignod to extend the research
opportunities of devoloping and land-locked countries, includiriC. the participation of
the nationals of such countries in scientific research work, the provision of
scientific training and the exchange of experience in the conduct of scientific research
work.
6. All States may take part in international marine scientific research prograunoe
and will encourage the participation of their own scientists in the work envisaged
under those programmes.
7. Stator and international organizations shall co-operate under the auspices of the
UIILSCO Intergovernn _,ntal Oceanographic Comr.:issicn in conducting marine scientific
research in accordance with the long-term and expanded programme of oceanic exploration
and research.
B. States shat.,. endeavour in every way to stimulate the mu'.-,1l exchange of scientific
data, and shall make such data available to the developing, c entries as part of the
scientific and technical assistance they provide to those countries.
9. States shall adopt and encourage measures to ensure the publication and wide
dissemination of the results of marine scientific research, inter ilia, through the
system of world and regional data centres.
10. All States shall co-operate with each other in preventing hindrances to the normal
functioning and safe preservation of stationary and mobile, manned and unmanned,
equipment and installations on the high seas carrying; scientific apparatus and intended
for mai.ing scientific measurements and experiments.
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11. Marine scientific research shall be carried out without oauriing damage to the
environment which might entail the disturbance of ecological balances therein.
12. Marino scientific research shall be conducted without causing danger to
naviC-ation or unwarrantod interforonce with fishing. Where necessary, appropriate
notifications of when and where experiments are to be conducted shall be provided in
good time.
13. States shall boar international responsibility for national activities connected.
with marine scientific research, whether such activities are condl;4cted by Governnuant
bodies or by individuals or bodies corporate under their jurisOUction.
14. No such activity shall constitute legal [.,rounds for any claims to any part of
the seas or oceans or their resources.
15. Those principles shall extend equally to scientific rosoarch carried out on the
sea-bed and the ocean floor beyond the limits of the continental shelf.
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UNITED NATIONS
GENERAL
ASSEMBLY
CO ",?1ITTEE ON THE PEACEFUL USES OF THE
SEA-13ED AND THE OCEAN FLOOR BEYOND
THE LIMITS OF NATIONAL JURISDICTION
:U[3-COMMITTEE III
Distr.
LIMITED
A/AC.138/SC.III/L.31
15 March 1973
ENGLISH
ORIGINAL: RUSSIAN
Bulfrar_ia, Poland, Ukrainian Soviet Socialist Republic,
Union of Soviet Socialist Hepublicu: draft article for
a convention on scientific research in the world ocean
Definition of scientific research
Scientific research in the world ocean means any fundamental or applied
research and related experimental work, conducted by States and their juridical and
physical persons, as well as by international organizations, which does not aim
directly at industrial exploitation but is designed to obtain knowledge of all
aspects of the natural processes and phenomena occurring in ocean space, on the
sea-bed and in the subsoil thereof, which is necessary for the peaceful activity
of States for the further development of navigation and other forms of utilization
of the sea and also utilization of the air space above the world ocean.
Article 2
Principle of freedom of scientific research
All States, irrespective of their geographical location, as well as
international organizations, shall enjoy on a. basis of equality and without any
'!incrimination the right of freedom to conduct scientific, research in the world
ocean.
The term "world ocean" as used in this Convention covers all ocean space, the
sea-bed and the subsoil thereof, with the exception of internal and territorial
t'iters and the bed and subsoil of the continental shelf.
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English
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Article 3
Mennn by which scientific rcnearch may be conducted
Scientific research in the world ocean may be conducted through the use of all
types of vessels, platforms, floating stations, mobile or fixed inot:.llntiona,
aircraft and other means, both specially denir'ricd and adapted or used for such
purposes, using the appropriate scientific methods and equipment.
Article h
Co-operation nmonrc States in the conduct of scientific research
Statca agree to co-operate with one another through the conclusion of bilateral
and multilateral a