LAW OF THE SEA COUNTRY STUDY U.S.S.R.

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CIA-RDP86T00608R000600110003-2
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RIPPUB
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S
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97
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November 11, 2016
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March 1, 1999
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3
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April 1, 1975
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STUDY
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rp~ed ~:F~lease 1999/09/26.:.CIA-RQFj$6500608R000600110003-2 ,, ~ aw ~ of the Sea Co:un ry: Sfi`u~dy ~ U.S.S.R. Atp,r 75 ~ ~ ~Cal~ LV~ /:~-b ~~ _ ~ ~ ~' Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 IWALMM s ? No Foreign Dk,?am Law of the Sea Country Study U.S.S.R 0 BGI LOS 75.6 April 1975 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 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 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-%36T00608R00060011'0003-2 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. Approved For Release 1999/09/26 : CIAR86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 SECRET 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 SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 SECRET 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. Approved For Release 1999/09/2eECt'lA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 SECRET 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 SECT Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 SECRET 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. SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 SECRET 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 Approved For Release 1999/09/26 :siT RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 SECRET 0 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. Approved For Release 1999/09/26 S5FXT RDP86T00608R000600110003-2 Approved For Release 1999/09/26 8E%AT -RDP86T00608R000600110003-2 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. SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 5 i-RDP86T00608R000600110003-2 ? 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 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/2$QUA-RDP86T00608R000600110003-2 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. SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/?ERCclA-RDP86T00608R000600110003-2 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 SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/2. - 1lA-RDP86T00608R000600110003-2 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 ? ? Approved For Release 1999/09/2%gcQJA-RDP86T00608R000600110003-2 Approved For Release 1999/09/ r QIA-RDP86T00608R000600110003-2 10 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. SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/28cat?IA-RDP86T00608R000600110003-2 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 12 - SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 SECRET ? 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 SECR T Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 5[CRET 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 ? ? Approved For Release 1999/09/24~RCIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/2< IA-RDP86T00608R000600110003-2 ? 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. SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 SCCR1t 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. SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26: CIA-RDP86T00608R000600110003-2 SUN 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 SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 4CtIt- RDP86T00608R000600110003-2 - 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." - 18 - SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/2&r:rt^uIA-RDP86T00608R000600110003-2 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." SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 -,,EC -RDP86T00608R000600110003-2 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 SECR_T I Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 gcCM-RDP86T00608R000600110003-2 0 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 SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 SECRET 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...." SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/2if9IA-RDP86T00608R000600110003-2 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 - 23 - SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/2RtIA-RDP86T00608R000600110003-2 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 SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 tCRtI Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 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. SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 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 enhrd (;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. -26- Approved For Release 1999W0.M6 : CIA-RDP86T00608R000600110003-2 O Approved For Release 1999/09/2'(Ht6lA-RDP86T00608R000600110003-2 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 ntt idle C otift r r'nrr? .1u1 FPh Jul. ll:rr .Jill .11111 L1nr Aug Mnr Aug, Apr Aug 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. - 27 - SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1994/b)26 : CIA-RDP86T00608R000600110003-2 *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. - 28 - SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 9 SCCktt Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 *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 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 X X I X X X X X X X X * See following pages for biographic sketch. - 29 - SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/Q9117 : CIA-RDP86T00608R000600110003-2 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. - 30 - Approved For Release 1999/6?9M : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 25X6 Next 14 Page(s) In Document Exempt Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 CIA-RDP86T00608R000600110003-2 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. SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 SECRET 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 Approved For Release 1999/O9/26# rA-RDP86TOO608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 SLCkir 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 Approved For Release 1999/09/26sEC&ITA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 :SkCCI RDP86T00608R000600110003-2 k 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. SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 ,q-RDP86T00608R000600110003-2 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. - 50 - SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/0t&" CIA-RDP86T00608R000600110003-2 0 ? ? 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. Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999MOI 6 : CIA-RDP86T00608R000600110003-2 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. -52- 0 SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 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 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/M8006 : CIA-RDP86TOO608ROO0600110003-2 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. - 54 - 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. SECRET Approved For Release 1999/09/26 : CIA-RDP86TOO608ROO0600110003-2 Approved For Release 1999/09/26 : q[DP86T00608R000600110003-2 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). Approved For Release 1999/09/26 : S6iXTRDP86T00608R000600110003-2 Approved For Release 1999/09/?s?cR1clA-RDP86T00608R000600110003-2 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. Approved For Release I 999/09/2e c A-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : (i1AR?DP86T00608R000600110003-2 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 SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 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. 0 C-0695 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 A/COiP.62/c.2/L.26 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; Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Lngliesh Page 3 (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. Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 A/::ONF. 62/C. 2/L. 26 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. Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 0 A/CONF.62/C.2/L.26 English 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 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Af,t. )Lua.62; C.2/L.2u English 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. Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 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. Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 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 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 A/h(.1 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 ? Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 A/Ac .13u/sc .11/t,. 7 p 3 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. Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 ? ~)) 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; Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 A/CONF.62/C.2/L,]]. 1rnilich 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 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 !-/co:w.6;'/C.1.1 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. Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 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. ? Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 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). Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 A/CONF.62/C.2/L.38 English 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. Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 English 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 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 A/CONF.62/C.2/L.38 English 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. Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 AVOL.. 62/C. 2/L. 3n English 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. Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 A/CONF.62/C.2/L.38 English 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. Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 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 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 A/AC.13:3//,.3 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, Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 40 ? Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 A//,C. D' 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. Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 A/;w .131'/43 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. ? 0 Approved For Release 1999/09/26 : CIA-RDP86T00608R00060011.0003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 0 ? 0 A/AC. l.;r//,) 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. Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 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; Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 A/A C. ].;F;/i; 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; Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 ,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 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 ? A/LC.1.33/4 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) ? Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 0 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 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 A/AC.138/SC.III/L.32 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. Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 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, Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 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 ? Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 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. Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 A/AC .130/SC.III/z,.23 page 3 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. Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 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. Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110003-2 A/AC.138/JC.III/L.31 English Page 2 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