LAW OF THE SEA COUNTRY STUDY ECUADOR

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86T00608R000600110008-7
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 63
• Document Creation Date: November 11, 2016
• Document Release Date: March 1, 1999
• Sequence Number: 8
• Publication Date: June 1, 1975
• Content Type: STUDY

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No Foreign Disscm
GCR LOS 75-11
June 1975
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NATIONAL SECURITY INFORMATION
Unauthorized Disclosure Subject to Criminal Sanctions
Classified by 019641
Exempt from General Declassification Schedule
of E.O. 11632, exemption cutegoryt
? 5O(1)i (2), and (3)
Automatical yy declass) led ont
date Impossible to determine
is
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No Foi-elgn lll,vavcn-
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.
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 hearing 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
w' thin the Directorate of Intelligence and with the Depart-
me it of State. Comments and questions may be directed to the
LOS Country Studies Working Group, Code 143, Extension 2257.
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No Foreign Dl,s,senn
CONTENTS
?
Part I - Law of the Sea Analysis
Summary ..... .............................
1
Factors Influencing LOS Policy .............................
2
Law of the Sea Policy . ..... . .........
6
Key Policy Makers, LOS Negotiators and Advisers ............
14
Biographic Sketches ........................................
19
Part II - Background Information
Basic Data .................................................
28
0
Conventions . .. ..... .. .... . ..... .......
29
Membership in Organizations Related to LOS Interests .......
29
Present Ocean Claims .... .....................
30
Action on Significant UN Resolutions .......................
32
ANNEX
UN LOS draft articles submitted by Ecuador
Maps: Regional map
Theoretical Division of the World Seabed
ii
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ECUADOR
Part I - Law of the Sea Analysis
A. SUMMARY (U)
Ecuador's primary law of the sea
(LOS) objective is full sovereignty
over its coastal waters out to 200
miles* offshore. The 200-mile
territorial sea claim has been
incorporated in national legislation
and the Ecuadorean Government seeks
international approval of it, viewing
its retention as essential if its
popular base of support is to be
maintained. Ecuador's main interest
in sovereignty out to 200 miles is
economic, and officials assure that they have no desire to
restrict navigation. In addition to exclusive coastal state
control over fisheries -- including highly migratory species --
Ecuador wants complete authority over pollution control, a
consent regime for scientific research, and a requirement for
transfer of technology. It fears such coastal state authority
would not be guaranteed under an economic zone regime.
Ecuador's support for the archipelago concept, which calls
for archipelago state sovereignty over waters included within
baselines connecting the outermost points of the outermost
islands, stems from its desire to have archipelago status
granted to the Galapagos Islands.** Ecuadorean LOS experts
contend that there should be no distinction between "archipelagic
states" and "states with archipelagos." The country's position
on the straits issue remains negotiable.
* Distances and areas throughout this study are in nautical
miles unless specified otherwise.
** The Informal Single Negotiating Text prepared at Geneva,
May 1975, defines an "archipelagic state" as "a State constituted
wholly by one or more archipelagos..."
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Ecuador supports the concept of "the common heritage of
mankind," and favors giving an international regime jurisdiction
over seabed resources and activities within the area beyond the
limits of national jurisdiction. The international regime
should have the power to control the exploration and exploitation
of deep seabed minerals and to equitably distribute the benefits
derived from deep seabed mining. Deep seabed mining activities
should take into account the protection and conservation of
natural resources, the international area should be used for
exclusively peaceful purposes, and the rights of coastal states
should be respected. The machinery for the international regime
should be an International Seabed Authority.
B. FACTORS INFLUENCING LOS POLICY
Special Geographic Features (U)
Ecuador, the third smallest independent South American
nation (total land area, 106,000 sq. statute miles), fronts on
the Pacific for about 1,400 statute miles. The Galapagos Islands,
600 miles west of the mainland, account for more than half of
this coastline although they comprise less than 3 percent of
the total land area. Within the 200-meter isobath, the continental
and insular shelves are very narrow, and the total shelf area
is only 13,700 sq. miles. The area of Ecuador's claimed 200-mile
territorial sea (338,000 sq. miles) is almost 25 times that of
its shelf and slightly more than three times the land area.
In addition to the rich marine environment, the Pacific Ocean
is of importance to Ecuador as a link to world markets; it provides
the only practical means of exporting the nation's lucrative
agricultural and petroleum products. The Panama Canal, about
500 miles from the northern part of the mainland, is of special
significance in that it provides the easiest access to the east
coast of the United States and to western Europe, its major
trading partners.
Ecuador's coastline affords few good natural harbors, but
Guayaquil -- 33 statute miles up the commercially dc"..-:loped
Guayas River from the Gulf of Guayaquil -- is the best and largest
harbor on South America's Pacific coast. Ecuador proclaimed
straight baselines by Supreme Decree in 1971, and waters within
the baselines of both the mainland and the Galapagos Islands
are considered to be internal waters.
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The 360-statute mile boundary with Columbia is demarcated
and undisputed but the 840-statute mile boundary with Peru in
places is undefined and in dispute. Ecuador does not recognize
the protocol signed at Rio de Janeiro in 1942, which awarded
about 70,000 sq. statute miles of disputed territory to Peru.
Uses of the Sea
Mineral Resources -- Oil discoveries in the northeast jungle
region of Ecuador in 1967 markedly changed the status of the
nation's estimated reserves from that of near depletion to that
of 2.5 billion barrels as of 1974. Upon completion of a 313-
statute-mile pipeline over the Andes to the coast in 1972,
Ecuador became an oil exporter. Ecuador's oil conservation
policy, however, restricts production -- daily production has
been held to 210,000 barrels. Government policy calls for a
51-percent control of the Texaco-Gulf consortium (which accounts
for almost all the oil extracted in the country), but Ecuador
owns only 25 percent of Texaco-Gulf, and is not in a financial
position to acquire more. (S)
Gas discoveries in the Gulf of Guayaquil, within Ecuador's
internal waters, remain undeveloped pending renegotiation
between the contractor and the government for offshore rights.
Projected feasibility studies for utilization of eastern
Ecuador's associated gas, now being flared, include piped gas
to the Pacific coast for export as liquefied natural gas. (U)
No metallic minerals are mined from the seabed, and commercial
exploitation of land-based minerals is negligible. (U)
Living Resources -- Ecuador considers the rich fisheries
within 200 miles of the mainland and the Galapagos Islands
as an indispensable source of revenue for its small but rapidly
growing fishing industry. The annual fish catch has doubled
? since 1965. About 80 percent of the total catch is consumed
domestically, but most of the shrimp and tuna catch is exported,
mainly to the United States. In 1971 the value of fishery
exports exceeded US$18 million, frozen shrimp and frozen avid
canned tuna accounting for more than half of the total value. (U)
Although Ecuador's annual fish catch has steadily increased,
the industry is still in the initial stage of development.
Improvement of the fishing fleet has been slow because of the
large capital requirements involved. (U)
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Marine and Air Transportation -- Merchant shipping provides
the major transportation link between Ecuador and its foreign
markets and suppliers, but most of the international seaborne
trade is carried by foreign ships. Although there is no overall
program for expanding the small Ecuadorean fleet, plans were
initiated in 1971 to develop a sizable tanker fleet to transport
the increasing crude oil exports. Transportes Navieros Ecuatorianos
(TRANSNAVE), a commercial ocean-transport company, was established
under the administration of the Ecuadorean Navy to transport both
commercial cargo and passengers. In 1972 TRANSNAVE established
a joint oil transport company in which the Ecuadorean Government
holds 55 percent of the capital shares and a privately owned
Japanese shipping company holds 45 percent. Ecuador's cargo
preference law provides that 20 to 50 percent of waterborne
import-export cargo be reserved for Ecuadorean-flag ships. Coastal
and river cargo and passenger service, however, are reserved
exclusively for Ecuadorean-flag ships. (U)
Because of the mountainous terrain and undeveloped surface
modes of transportation, domestic air service is the country's
only rapid means of transport between its coastal areas and
its population centers in the mountains. Ecuador's domestic
air service has not flourished, however, because of the nation's
weak economic base. Regularly scheduled international flights
are provided by eight foreign air carriers and Ecuador's national
airline, Ecuatoriana de Aviation. Ecuador is a member of the
International Civil Aviation Organization and has air service
agreements and arrangements with at least 21 nations. (U)
The Navy and Air Force -- The missions of the navy are to
protect the country from seaward attack, to regulate fishing
within the 200-mile territorial waters claimed by Ecuador, and
to patrol against coastal smuggling. One of the poorest fleets
in South America, the small naval force could provide only token
resistance to the superior navies of Peru and Colombia. It is
capable of controlling the country's fisheries and port facilities
but lacks training, equipment, and personnel to perform adequate
coastal surveillance and intercept operations under combat
conditions. (C)
The air force is one of the smallest in South America and
is weaker than that of neighboring countries. Its missions
are those normally assigned to an up-to-standard air force,
but in actuality it devotes most of its time to transport and
training operations. It fulfills these functions effectively,
although it suffers from weaknesses, such as total dependence
on foreign sources of supply. (C)
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Political and Other Factors (S)
Ecuador's foreign policy has been conditioned by the nation's
economic dependence, its status as a buffer state, and the loss
of claimed territories to neighboring countries. Like its prede-
cessors, the present administration, which came to power in a
military coup in February 1972, has continued the struggle for
national identity. It has attempted to compensate for Ecuador's
weakness by expressions of national independence and by assuming
an active role in international forums such as the United Nations,
the Organization of American States (OAS), and the Organization
of Petroleum Exporting Countries. The military government faces
the same basic foreign affairs problems that have plagued the
nation for decades -- such perennial problems as foreign economic
assistance, balance of payment deficits, and enforcing the claim
to 200-mile territorial seas off the mainland and around the
Galapagos Islands. It also faces new problems -- how best to
deal with the foreign companies that are developing the vast
oil reserves discovered in the northeast jungle region in 1967,
and how to handle the revenues from oil exports which began
in mid-1972.
The most troublesome issue in U.S.-Ecuador relations for
more than two decades has become known as the Tuna War. The
dispute is based on Quito's strict enforcement of its policy
of seizing and fining foreign fishing vessels found in the
200-mile zone without Ecuadorean licenses and the U.S. position
that unilateral extension of the territorial sea beyond the
customary 3-mile limit is contrary to existing international
Ilaw. In 1971 alone, Ecuador seized more than 50 U.S. tuna
boats found in the zone and collected fines and fees amounting
to approximately US$2.5 million. The U.S. Government has enacted
legislation to protect American fishermen and to retaliate against
Ecuador and other countries that seize U.S.-flag vessels in
waters which the United States considers to be high seas. Ecuador
labeled these actions, particularly the U.S. suspension of
foreign military sales
"coercive
" and has referred to th
,
,
e new
U.S. Trade Act, of which Ecuador is one of the harshest critics,
as a form of economic imperialism. It has remained steadfast
in its policy of "not negotiating under pressure."
Except for occasional recurrences of the border dispute with
Peru, Ecuador's relations with its neighbors have been good.
It joined the Latin American Free Trade Association in 1961 and,
more recently, helped develop the subregional plan for an Andean
Common Market. In 1972 Ecuador supported Peru's effort to have
the OAS reexamine the question of Cuban sanctions. President
Rodriguez refers to such moves as "independent" foreign policy.
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Outside the hemisphere, Ecuador is especially friendly with
West Germany, the United Kingdom, France, Japan, and Israel --
all have provided loans, aid, or investments. During 1969
consular relations were established with Bulgaria and diplomatic
relat,,'ons were reestablished with the U.S.S.R., Poland, Czech-
oslovakia, Romania, and Yugoslavia. Diplomatic relations with
Hungary were formalized in 1970.
C. LAW OF THE SEA POLICY
Territorial Sea (U)
Ecuador, a staunch adherent to a 200-mile territorial sea
claim, believes that all coastal states should have the right
to unilaterally extend their territorial jurisdiction up to
200 miles seaward. Ecuador claimed a 3-mile territorial sea
until 1951, when by Legislative Decree it extended its sovereignty
to 12 miles measured from the outermost coastal projecticas
including those around the Galapagos Islands. The following
year, Ecuador joined Peru and Chile in the Declaration of
Santiago, asserting their right to a 200-mile "maritime zone"
for the purpose of conserving and protecting the natural resources
of the zone and regulating the use of the resources. The three
countries also agreed to consult on and to cooperate in the
joint defense of their sea claims. Although the Declaration
of Santiago does not refer specifically to a "territorial sea"
and resembles the present "patrimonial sea" concept, Ecuador
subsequently incorporated articles in its national legislation
to infer strict territorial sea jurisdiction. A major change
in Ecuador's civil code in 1966 definitively extended the breadth
of the territorial sea to 200 miles -- it provided for total
jurisdiction over the 200-mile regime. Current legislation,
however, allows for "different zones of the territorial sea...
subject to the regime of free navigation or of innocent passage
for foreign ships." A fishing law passed in 1969 defines the
territorial sea as:
The adjacent sea to a minimum distance of 200
n. miles, measured from the outermost points
of the Ecuadorean coast and from the points
where the tide is lowest, as well as the interior
waters of the gulfs, bays, straits and channels
comprised within a line passing through such
points, all of which is the territorial sea
under the national dominion. The territorial
sea is also the interior sea comprised within
the 200 n. miles measured from the outermost
points of the outermost islands of the Galapagos
Archipelago.
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On 8 May 1970, Ecuador signed the Montevideo Declaration
of Principles on the Law of the Sea along with Chile, Argentina,
Brazil, El Salvador, Nicaragua, Panama, Peru, and Uruguay. The
Declaration rroclaimed the right of coastal states to avail
themselves of the natural resources of the sea adjacent to their
coasts; to' establish the limits of their maritime sovereignty
and jurisdiction in accordance with geographical and geological
characteristics; to explore, conserve, and exploit the nat-rc'
resources; and to adopt regulatory measures within the limits
of their jurisdiction. Ecuador, along with 13 other states,
also approved the Declaration of the Latin American States on
the Law of the Sea on 8 August 1970 at Lima. The Lima Declaration
did not mention a 200-mile limit. Instead, it stated that the
coastal state had the right to establish the limits of its
maritime sovereignty or jurisdiction in accordance with reasonable
criteria, having regard to its geographical, geological, and
biological characteristics and the need to make rational use
of its resources."
The nine Montevideo Declaration countries held another
conference in closed session in January 1971 for the purpose
of forming a new strategy in the Latin American struggle for
international recognition of the 200-mile claim. The Ecuadorean
Ambassador, Teodoro Bustamante Munoz, explained that decisions
made at the conference "were not to defend an irreversible
position in relation to 200-mile territorial waters, but...to
amplify their efforts on all fronts, including the involvement
of all developing countries."
President Rodriguez Lara reiterated Ecuador's 200-mile
territorial sea claim at the inaugural meeting of the 15th
Session of the Economic Commission for Latin America in March
1973, reasserting that "the Revolutionary Government of Ecuador
resolutely and irrevocably defends the right to complete
? sovereignty and exclusive jurisdiction over the seas for a
distance of 200 miles frG' the shore, and it rejects all
measures aimed at reducing such rights."
In July 1973 Ecuador, Panama, and Peru cosponsored draft
articles in Subcommittee II of the UN Seabed Committee (see
Annex) that, among other things, would establish a coastal
state's "sovereignty and jurisdiction" adjacent to its coast
for as much as 200 miles offshore. There would be "unrestricted"
navigation and overflight subject to "the duties of peaceful
co-existence and compliance with the provisions laid down by
the coastal state as regards prospecting, exploration, conser-
vation, exploitation of resources, the preservation of the
marine environment, scientific research, the emplacement of
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installations and safeguards for navigation and shipping."
Although no width is mentioned, Article 5 calls for the right
of the coastal state to "lay down additional provisions for
the passage of foreign vessels and aircraft within a limit
close to its coast," which appears to relate to a narrow
territorial sea within the 200-mile zone. At the 1974 Caracas
session of the LOS Conference, however, chief delegate Valencia
Rodriguez said that his delegation would prefer to retain the
traditional term "territorial sea" to describe the entire
200-mile-wide zone, and on 16 July Ecuador submitted draft
articles in Committee II (see Annex) proclaiming that "each
state has the right to establish the breadth of its territorial
sea up to a distance not exceeding 200 miles, measured from
the applicable baselines." Ecuador was among the few countries
who objected to the summation by the Caracas session's Committee
II chairman in which he indicated a growing trend in favor of
a 12-mile territorial sea. Despite the consensus at the Caracas
session, Ecuador still appears unwilling to admit that it may
have to look to coastal states rights within the proposed
economic zone to help satisfy its original reasons for claiming
extensive territorial waters.
Archi elagos and Straits
Ecuador supports the archipelagic principles proposed in
March 1973 by Fiji, Indonesia, Mauritius and the Philippines
(A/AC.138/SC.II/L.15) that call for archipelago state sovereignty
over waters included within baselines connecting the outermost
points of their outermost islands. In Seabed Committee II
discussions in March 1973 Ecuadorean representative A?;redo Luna
suggested that the principles should also apply to those states
whose territories incorporated archipelagic areas. This position
was reiterated during discussions at the Caracas session of the
Third LOS Conference, when Ecuadorean spokesman Luis Valencia
Rodriguez said there should be no distinction between "archipelago
states and archipelagos that form part of a state." (U)
Not bordered by an international strait, Ecuador has placed
no great emphasis on the straits issue, but is perhaps reserving
its position for an opportune trade-off. Foreign Office Advisor
Ambassador Bustamante said during bilateral talks with U.S.
LOS experts in June 1974 that Ecuador fully realizes the impor-
tance of maritime access, especially to smaller, trade-dependent
states such as itself, and appreciates the strategic importance
this issue has to the major powers. He explained that Ecuador
could never impose unreasonable restrictions on merchant passage,
and that perhaps certain routes could be designated for passage
of naval vessels in the zone of national jurisdiction. Bustamante
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also mentioned the Panama Canal during the straits discussion
and the dire consequences for Ecuador if use of the canal were
ever arbitrarily denied. (C)
Continental Shelf and Coastal State
Jurisdiction Beyond the Territorial Sea (U)
Ecuador is not a party to the 1958 Geneva Convention on the
Continental Shelf and opposes restricting the limits of national
jurisdiction by means of a depth criterion. The exploitability
principle of the Geneva Shelf Convention does not accommodate
Ecuador because the exploitation of the seabed mineral resources
off the coasts of the mainland and Galapagos Islands, even
relatively close offshore, would involve operating at depths
far in excess of 200 meter-. At the 1974 Caracas session of
the LOS Conference the Ecuadorean delegate to Committee II said
that his country's lack of a broad continental shelf was one of
the compelling reasons it had established a 200-mile territorial
sea. On the issue of whether the c,)astal state should have
shelf jurisdiction beyond 200 miles where the shelf exceeds that
limit, the delegate voiced Ecuador's support for the Argentinian
position, which calls for resource jurisdiction by the coastal
state over the entire breadth of the shelf, as well as a redefini-
tion of the shelf limit to make it coincide with the outer edge
of the geographic continental margin.
Fisheries
Ecuador has been adamant in its claim of exclusive control
over fisheries, including highly migratory species, within 200
miles of its coast. It opposes international regulations that
would require the coastal state to allow foreign fleets to fish
in the 200-mile area. Ecuador asserts that the 200-mile zone
is a natural boundary since it approximates the outer boundary
of the Peru (Humboldt) Current. (U)
Some of the world's best tuna fisheries lie within the
tropical waters off the coast of Ecuador, and foreign fleets
exploited this resource at will until the Declaration of Santiago
in 1952, in which Ecuador joined with Peru and Chile in claiming
a 200-mile maritime zone. Since then Ecuador has attempted to
impose its claimed jurisdiction on all foreign fishermen, requiring
them to purchase licenses to fish in the zone and often seizing
the boats of violators and imposing fines for their release. U.S.
tuna fishermen have continued to operate in the zone without
licenses, however, because the business is highly profitable
and their losses through fines and fees are reimbursable under
the U.S. Fishermen's Protective Act. Ecuador maintains that
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the U.S. reimbursement policy encourages U.S. fishermen to
continue violating Ecuadorean waters, and the many discussions
between Ecuador and the United States have failed to bring about
a halt to the capture of U.S. tuna vessels. Between late 1963
and early 1966 while a "gentlemen's agreement" existed between
the two countries, the Ecuadorean Navy limited its patrol to
within 12 miles of the coast, but when the military junta was
overthrown the fining and seizing of foreign fishing vessels
found in the 200-mile zone were resumed. In January 1975 Ecuador
promulgated a law which prohibits foreign fishing within 40-mile-
wide areas adjacent to both the mainland and Galapagos Islands
and prohibits licensing of fishing vessels over 600 net registered
tons within any part of the claimed 200-mile territorial sea. (C)
Ecuador is against any special treatment or regime for fish
by species, especially for migratory fish such as tuna. In
August 1973 Ecuador, along with Panama and Peru, introduced
draft articles on fisheries in Subcommittee II (see Annex) that
would give the coastal state complete control over all living
resources in a zone as much as 200 miles wide. (U)
Ecuador-U.S. tuna discussions, begun in Quito in February
1975, were continued in Geneva in March. Ecuador views the
absence of a waiver of U.S. sanctions as the chief obstacle to
reaching agreement on a proposed regional fishing conservation
organization. In addition to possibly resolving the tuna dispute
with Ecuador, the United States sees such an agreement as
reinforcing its position on the highly migratory fisheries
issue in the LOS Conference negotiations. (C)
High Seas (U)
Draft articles submitted by Ecuador, Panama, and Peru in
Subcommittee II of the UN Seabed Committee in July 1973 proposed
that the term 'international seas' shall denote that part of
the sea which is not subject to the sovereignty and jurisdiction
of coastal states" (see Annex). In addition to spelling out
the freedoms that shall be exercised in the international seas
"with due consideration for the interests of other states," the
articles call for international and regional regulations for
fishing and hunting, international pollution control standards,
and international regulation of emplacement of artificial islands
in the international seas.
Deep Seabed (U)
Ecuador supports the concept of "the common heritage of
mankind" as set forth in the 1971 UN Declaration of Principles
and favors a strong international authority with jurisdiction
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over seabed resources and activities in the area beyond the
limits of national jurisdiction. At the 1974 Caracas session
of the Third LOS Conference the Ecuadorean delegate said that
his country's position on the international regime and machinery
had been set forth in a Latin American working paper cosponsored
by Ecuador in August 1971 (see Annex). The paper proposes the
establishment of an international authority to control the explor-
ation and exploitation of the deep seabed miners''' resources and
to equitably distribute the benefits derived from deep seabed
mining among all states. Deep seabed mining activities should
be carried out in such a manner as to protect and conserve the
natural resources of the area, the international area should be
used for exclusively peaceful purposes, and the rights and
interests of coastal states should be respected. The machinery
for the regime would be a universal International Seabed Authority
comprised of an Assembly, Council, Enterprise, and Secretariat.
In the Assembly, the supreme organ of the Authority, all members of
the international community would be represented, and each state
member would have one vote. The Council would have 35 members
elected by the Assembly, in accordance with the principle of
equitable geographical representation. Each Council member would
have one vote, and substantive decisions would be by a two-thirds
majority. The Enterprise would undertake all activities relating
to the exploration and exploitation of deep seabed resources, either
by itself or through a system of contracts or joint ventures. The
Secretariat would be the administrative arm of the Authority.
At the 1974 Caracas session the Ecuadorean delegate to
Committee I mentioned five points important to Ecuador concerning
the deep seabed:
-- an international regime and machinery with
power to regulate and control all matters;
-- an international authority with sufficient
powers and flexibility to adapt to changes
resulting from technical progress and to
ensure the marketing of raw materials;
-- an enterprise to exploit the seabed directly
or jointly with states or companies;
-- an all-powerful Assembly, composed of all
the members, each having equal power, and
no weighted voting; and
-- no suspension of the moratorium on deep
seabed mining until adoption of the inter-
national regime.
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Landlocked States
Draft articles cosponsored by Ecuador in July 1973 (see Annex)
call for the right of a landlocked state to free access to the
sea through neighboring coastal states for such uses and prefer-
ential regimes as may be agreed upon with neighboring coastal
states in the waters claimed by the latter; and to preferential
regimes, under regional or bilateral agreements, within the waters
claimed by coastal states not adjacent to the landlocked state
in the same region. In preparation for the 1974 Caracas session
of the Third LOS Conference, however, an Ecuadorean interministerial
committee recommended that any concessions to the aspirations of
landlocked states should be conditioned on their support for the
200-mile thesis. Ecuador views as unacceptable the proposals
presented by Bolivia and Paraguay at the 1974 Caracas session
regarding the rights of landlocked states in a regional economic
zone. While maintaining that "landlocked states have an incon-
trovertible right of access to the sea," Ecuador contends the
right is subject to certain criteria: vessels should be owned
in, and sail under the flag of, the landlocked state; and the
coastal state should have the right to collect for services
rendered, designate ports, and prescribe the means of access. (S)
In August 1971, Ecuador cosponsored a Latin American working
paper (see Annex) in the UN Seabed Committee advocating special
consideration for developing countries, including landlocked
states, in the distribution of benefits from the exploitation
of seabed mineral resources of the international area. Similar
consideration for equitable participation by landlocked states
in the exploitation of fisheries in the international area was
proposed in Subcommittee II draft articles cosponsored by Ecuador
in August 1973 (see Annex). (U)
Marine Pollution
Marine pollution is not an issue of primary concern For
Ecuador, except in its relation to the territorial sea issue.
Although it appears willing to accept international standards
in its zone of national jurisdiction, Ecuador believes that
the coastal state should have complete authority to enforce
these standards and that the coastal state, if necessary, should
have authority to set additional standards within its zone of
jurisdiction. An Ecuadorean delegate at Caracas explained that
a coastal state's right to define the limits of its territorial
sea up to 200 miles entailed the right to enact necessary
provisions for preservation of the marine environment in the
area under its jurisdiction, taking into account the interests
of the international community. The delegate drew attention
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to proposals submitted to Subcommittee III in July 1973 (see Annex)
which emphasize the individual responsibility of each state to
prevent and combat pollution "in order to preserve the marine
environment as a basic tool of subsistence and economic develop-
ment." The articles hold each state liable for pollution damage
caused to the marine environment of other states or to the
international sea by discharges from its territory, from waters
under its jurisdiction, and from vessels flying its flag. The
articles also emphasize coastal state cooperation with regional
d i
an
nternational organizations, and free exchange of scientific
and technical information on marine pollution. An international
body would be established to centralize and coordinate all
information relating to the control of marine pollution and
promote international cooperation. (U)
At the Caracas session, Ambassador Bustamante, senior Foreign
Office adviser on territorial sovereignty issues, indicated in
discussions with U.S. officials that Ecuador could support
international standards for vessel-source pollution. (C)
Scientific Research
Ecuador considers complete coastal state control over marine
research within its area of sovereignty and jurisdiction as
essential to the development of its economy. At the August 1971
Seabed Committee meeting, the Ecuadorean representative stated
that "scientific research activities carried out in areas coming
under national jurisdiction should be subject to the law of the
state concerned, and such research should be published. Activities
undertaken in areas beyond national jurisdiction should be subject
to the provisions of the international regime." In the July 1973
Subcommittee III meetings, Ecuador cosponsored draft articles
on scientific research (see Annex) that would require the consent
of the coastal state before research could be conducted in its
? area of jurisdiction. (U)
Transfer of Technology
Ecuador's interest in the matter of transfer of ocean
technology from the advanced nations to developing countries
is reflected in its cosponsorship of draft articles on the
development and transfer of technology at the 1974 Caracas
session of the LOS Conference (see Annex). Among other things,
the articles call for all states to promote the scientific and
technological capacity of developing states by facilitating the
dissemination of data, training of personnel, and transfer of
technology. (U)
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D. KEY POLICY MAKERS, LOS NEGOTIATORS AND ADVISERS
General Guillermo Rodriguez Lara, President of the Republic,
Is the supreme power and all national policy decisions are
coordinated with him. Demonstrating considerable interest in
LOS matters, he often publicly expresses his determination to
tain the country's sovereignty over 200 miles of territorial
waters. An interministerial LOS task force sets forth the
national LOS position. The task force includes the Secretary
for Fisheries of the Ministry of Natural and Energy Resources
and representatives from the Security Council, the Honorable
Consultative Council, the Territorial Sovereignty Department
of the Foreign Ministry, and the Department of the Navy of the
Ministry of National Defense. The majority of the members of
the LOS task force were also members of the Ecuadorean delegation
to the Third LOS Conference. (C)
The delegation to the 1975 Geneva session included three
delegates and five advisers. The delegates were Luis Valencia
Rodriguez, who headed the delegation; Rafael Garcia Velasco,
former Foreign Minister who now serves on the LOS task force;
and Dr. Guillermo Maldonado Linces, former Agriculture Minister
who now serves as Ecuadorean Ambassador to UN Organizations at
Geneva. (U)
A listing of Ecuadorean attendees at one or more of the three
sessions of the Third UN LOS Conference and the UN Seabed Committee
preparatory sessions for the Conference follows. (U)
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Mr. Washington HERRERA
Commercial Counselor to the UN
Cdr. Raul JARAMILLO DEL CASTILLO
Ministry of Defense
Seabed Committee Session
Third
LOS Conference
Mar
71
Jul
Aug
71
Feb
Mar
72
Jul
Aug
72
Mar
Apr
73
Jul
Aug
73
Dec
73
Jun-
Aug
74
Mar-
May
75
X
ty
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
* See following pages for biographic sketch.
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Ministry of Foreign Affairs
Adviser for Territorial Sovereign
*His Excellency Gonzalo ALCIVAR
Ambassador
*Mr. Jose AYALA LASSO
Director General for Territorial
Sovereignty
Ministry of Foreign Affairs
His Excellency Leopoldo BENITES
Ambassador Extraordinary and
Plenipotentiary
Permanent Representative to
the UN
*Dr. Teodoro BUSTAMANTE MUNOZ
Adviser for Territorial
Sovereignty and Acting Chief
of the Legal Department
Ministry of Foreign Affairs
*Rafael GARCIA VELASCO
Advisory Member, Studies and
Investigations Commission
Ministry of Foreign Relations
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LOS Conference Attendees (u)
Dr. Hugo JATIVA
Minis ter
Alternate Representative to
the UN
Cdr. Marco Arturo LEON DUEAS
Navy
Dr. Alfredo LUNA
Ambassador
Rear Adm. Auerelio MALDONADO
Dr. Guillermo MALDONADO LINCE
Ambassador to UN Crgani; 'ations
in Geneva
Dr. Jose R. MARTINEZ COBL
Ambassador
Permanent Representative to
the UN
Rear Adm. Edmundo MENA SALVADOR
National Security Council
Cdr. Franklin MOLINA
Navy
*Jaime MONCAYO GARCIA
Minister of Finance
Dr. Eduardo MORA ANNA
Foreign Office and Secretary
to the Delegation
Dr. Jose NAJERA ESPINOSA
Deputy Permanent Representative
to the UN;
Director for Economic Affairs
Ministry for Foreign Affairs
Seabed Committee Session
Jul Feb Jul Mar Jul
Mar Aug Mar Aug Apr Aug
71 71 72 72 73 73
X x
Third
_ LOS Conference
__ Jun- Mar-
Dec Aug May
73 74 75
X
X
X
X
X
X
x
X
X
x
x
x
x
X
x
X
x
* See following pages for biographic sketch.
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Third
_
LOS Conference Attendees (U) Seabed Committee Session LOS Conference
Jul Feb Jul Mar. Jul Jun- Mar-
Mar Aug Mar Aug Apr Aug Dec Aug May
71 71 72 72 73 73 73 74 75
Dr. Edmundo NAVAS
Navy
Dr. Jose Federico PONCE
Ambassador
Chairman of the Ecuadorean
Delegation to the 28th
Session of the UNGA
Dr. Luis PONCE ENRIQUEZ
Ambassador
Counselor to the Ministry of
Foreign Affairs
Dr. Abelardo POSSO
Second Secretary
UN Permanent Mission
*Mr. Oswaldo RAMIREZ LANDAZURI
Consul General in Barcelona
(former Director of the Depart-
ment for Territorial Sovereignty
)
*Cdr. Hernan RICAURTE MIRANDA
National Security Council;
Director of Logistics
Navy General Staff
Cdr. Rodrigo RIVADENEIRA
(former Subsecretary for
Fisheries, Ministry of Natural
Resources)
Lt. Francisco RIZZO
Navy
Dr. Manuel ROSALES CARDENAS
Juridical Advisor
Ministry of Natural Resources
X
x
X
x
x
x
x
X
X
x
x
X
x
X
x
X
X
X
x
See following pages for biographic sketch.
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LOS Conference Attendees (U)
Horacio SEVILLA BORJA
Counselor
Alternate Representative to
the UN
Dr. Antonio VACA
*Dr. Luis VALENCIA RODRIGUEZ
Ambassador to Peru;
Head of Delegation to Third
Los Conference
Seabed CommfttCe Session
Jul Feb Jul Mar Jul
Mar Aug Mar Aug Apr Aug
?~ 71 72 72 73 73
x
Dec
73
on
e
Jun-
Aco
74
Ma r-
May
75
X
X
X
X
* See following pages for biographic sketch.
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ECUADOR
Part II - Background Information*
Geography
World region: Latin America
Category: coastal
Bordering states: Colombia, Peru
Bordering bodies of water: Pacific Ocean
Area of continental shelf: 13,700 sq. mi.**
Area to 200 mi. limit: 338,000 sq. mi.**
Area to edge of continental margin: 52,600 sq. mi.**
Coastline: 1,390 statute mi.**
Land: 106,000 sq. statute mi.**
Population: 6,705,000 (excluding nomadic Indian tribes)
Industry and Trade
GNP: $3.1 billion (1974), $450 per capita
Major industries: fool procensing, textiles, chemicals, fishing,
petroleum
Exports: $834 million (f.o.b., 1974); bananas, petroleum, coffee,
cocoa, sugar, fish products
Imports: $602 million (c.i.f., 1974); agricultural and industrial
machinery, wheat, petroleum products, chemical products, trans-
portation and communication equipment
Major trade partners: exports -- U.S. 35%, EC 15%, Japan 5%;
imports -- U.S. 33%, EC 26%, Japan 11% (1973)
Merchant marine: 14 ships (1,000 GRT or over), totaling 119,100
GRT; 8 cargo, 6 tanker (C)
Marine Fisheries
Catch: 105,000 metric tons; imports -- negligible (1971); exports
$30.3 million (1973)
Economic importance; significant
Species: tuna, shrimp
Marine fisheries techniques: coastal, deep-water
Other countries fishing off coast: U.S. , Canada, Japan
* Unless othezwise indicated, individual items are Unclassified/
or Official Use Only. Classification designations are (C)
Confidential and (S) Secret.
** Includes Galapagos Islands (Archipielago de Colon)
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Petroleum Renourcen
Petroleum: production -- 59 million 42-gal. bbl. (8 million
metric tons) onshore; proved recoverable reserves -- 2,500
million 42-gal. bbl. (340 million metric tons) onshore (1974)
Natural gas: production -- 5.6 billion cubic feet (1.6 billion
cubic meters) onshore (1974); proved recoverable reserves -- 6,000
billion cubic feet (170 billion cubic meters) onshore (1971)
Navy (S)
Ships: 2 patrol escorts (PF), 2 escorts (PCE), 3 fast patrol
craft (PTF), 2 motor gunboats (PGM), 5 river/roadstead patrol
boats (PBR), 3 amphibious warfare ships, 4 auxiliaries, 4
service craft
Government Leaders
President, General Guillermo Rodriguez Lars.
Foreign Minister, Antonio J. Lucio Paredes Benites
Multilateral Conventions
Chile-Ecuador-Peru. Declaration of the Maritime Zone. Santiago,
August 18, 1952.
IMCO Convention. July 12, 1956.
Nuclear Test Ban Treaty. May 8, 1964.
Declaration of Montevideo on the Law of the Sea. May 8, 1970.
Declaration of Lima on the Law of the Sea. August 4-8, 1970.
Membership in Organizations Related to LOS Interests
ECOSOC ........................
Economic and Social. Council
IADB
..........................
Inter-American
Defense Board
IAEA
International
Atomic Energy Agency
ICAO
..........................
International
Civil Aviation
LAFTA and Andean Sub-Regional
Group (created in May 1969
Organization
within LAFTA) ............... Latin American Free Trade Association
OAS ........................... Organization of American States
Seabed Committee .............. United Nations Committee on the
Peaceful Uses of the Sea-Bed and
Ocean Floor beyond the Limits
of National Jurisdiction
UN United Nations
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SCCI U?T
Prenent Ocenn Claims*
`Type Date Terms Source, Noteo
Territorial 3.930 3 ml. Art. 582 Book II Rogistro
Sea Official 2-b-510
1951 12 mi. Decree Law of Feb. 21, 1951,
Regjp_tro Official, Mar. 6, 1951
1966 1/ 200 mi. Executive Accord of Nov. 10, 1966
Decree Law 1542
Continental 1951 200 meters Leg. Decree, Feb. 21, 1951
Shelf Including sovereignty over
supcrjacent waters
Rogistro Oficial No. 756, Mar. 6,
1951
Exclusive 1938 12 mi. Reg. of Feb. 2, 1938
Fishing 1951 200 mi. Civil Code
Decree Law 003, Feb. 22, 1951
Fisheries 1969 200 mi. Law 110 CL Off. Reg. No. 132
Conservation Mar. 10, 1969
1938 12 mi .
1966 200 mi.
Security 1938 12 mi .
1966 200 mi.
Criminal 1938 12 mi.
Jurisdiction 1966 200 mi.
* Principal Source: Limits of the Seas, National Claims to Maritime
Jurisdictions, 2d Revision, State Dept./INR April 1974
Declaration on the Maritime Zone of 1952; as incorporated into
domestic law provides sole jurisdiction and sovereignty over the
area of the sea, the subsoil and seabed adjacent to their coastlines
and extending to a line parallel to, and not less than 200 mi. from
said coastlines. Rigistro Official, Nov. 11, 1966 at 18 (200 mi.
territorial sea). Apr 23, 1971, Proposed Revisions of 1946
Constitution to add 200 mi limit. Art. 4, 6, 633, and 633 A.
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Type
Neutrality
Sanitary
Pollution
Straight
Baselines
Pretient Ocean Claims (con't)
Source, Notes
1966 200 mi.
1966 200 mi.
200 mi.
1971 Around the Supreme Decree No. 958 of
Galapagos and Mainland June 28, 1971
(outermost islands) Bistro Oficial No. 265 of
July 13, 1971. See Limits of
the Seas No. 42.
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Action on Significant UN Resolutions
Moratorium Resolution In favor
(A/RES/2574 D, XXIV, 12/15/69)
Pending establishnrjnt of international regime,
States and persons 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 In favor
(A/RES/2750 C, XXV, 12/17/70)
Convene in 1973 a Conference on Law of the Sea
to deal with establishment of international
regime 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 Adopted w/o vote
(A/RES/3029 A, XXVII, 12/18/72)
Indian Ocean as a Zone of Peace In favor
(A/RES/2992, XXVII, 12/15/72)
Called upon littoral and hinterland states of
Indian ocean area, permanent ,embers 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 Against
(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 In favor
(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.
Permanent Sovereignty over Natural Resources In favor
(A/RES/3016 XXVII, 12/18/72)
Reaffirmed right of states to permanent sovereignty
over all their natural resources, wherever found.
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JNITED NATIONS
GENERAL
ASSEMBLY
CCM ttTTEE ON THE PIMCEFUL USES OF"THE
SMA-BED AND THE OCEAN FLOGR BEYOND THE
LIMITS OF NATIONAL JURISDICTION
Dlutr.
GENERAL
A/AQ.138/49
4 August 1971
ORIGINAL: ENGLISH AND SPANISH
Dual dintribution
WORKING PAPER ON THE REGIME FOR THE $FA 11JD AND OCEAN
LOOK AND ITS SUBSOIL BEYOND THE LIMITS OF NATIONA
Submitted by Chile, Colombia, Ecuador, El Salvador, Guatemala, Guyana,
Jamaica, Mexico, Panama, Peru, Trinidad and Tobago, Uruguay, Venezuela.
...............
...............
CHAPTER I
Fundamental principles
art. 1.- Tho Sea Bad and Ocean Floor and the subsoil thoreof beyond the limit; u1
national jurisdiction (h3roinaftor roferrad to as "th area") as well as its
r~,ac.urce3 are the cornon herita63 of mankind.
:.rt. 2.- The area and its resources shn1l not be subject .o paropriaticn b r:tir
ree r; V ha- tSGev3r by State3 or persons, nt turcl or juridical, and no State
ci:?.in or exercise sov,~raignty ovz)r an.., part of the area and its resource;, r:_.
x: .11 it :lain or exercis3 any rights :pt a9 hereinafter provided.
>> ~? 3.- Ex-lusi?ra jurisdiction over tLo area and aci inistration of its :a3~1:ee~
:: sll to e:csrc9.S:~d on behalf of mankind by the Auth. rity established under this
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Art. 4.- The bunofits obt,,inod from axp,loltc.Lion of the ronouroon of th;, ;:ro-. r;h'.:.] b:
distributed oquit..bly ?mong -11 St ,tui;, Jrrospoetivu of their guogrrphior1 loortion,
giving apooial ooncidarction to thu inturo Ls and noodn of dovoloping countries,
whether coustml or landlockod.
Art. 5.- Exploitation of the resources of the ctron shc11 be carried out in a rational
m:.nnor so as to ensure their oonaorvrr,tion and to minimize my fluctuation in tho prioo.i
of minerals and r;.w m-.tarials from torrustri;1 sources that may result from s'loh
oxploitation and tdvoraoly :,affect thu exports of tho dovoloping countries.
Art. 6.- All r.ctivitios in the r_ro;; oh:.3.1 be o;,rriod out in such r m=or as to protect
and conserve the natural resources of the .ron u.nd to prevent d:.mngo to the f %unr. and
flora of tho marine environment.
Art. 7.- Tho aroa oh^11 be used ?3xoluaivoly for po;;coful purposes.
Art. 8.- In the notivitios cc,rricd out in the Aron., thu rights rand logitimatu intoreats
of coastal Stctos ahc]1 be respected. Consultations ah'.11-bo maintained with the
coastal Strtos concerned with respect to -.otivitioa relating to the exploration of the
are. and the exploitation of resources with view to avoiding infringement of such
rights and interests. Coastal States shall h;.ve the right to adopt such measures as
may be necessary to prevent, mitiguto or eliminate grava danger to their coasts or
related int?arosts that may result from pollution, the thro?t of pollution or from :any
other hazardous occurrences resulting from or caused by such activities..
CHAPTER II
The Authority. Mombars. Functions ;old Powers.
Art. 9.- The Partias to this Convention do hereby establish cn International Authority
for the Soo bed, heroin referred to :s "The uthority".
Art.10.- The seat of The Authority shell be - It nicy be tranaforred by the Assembly on
the affirmative vote of two thirds of its members.
Art.ll.- Membership in the Authority sh:11 be open to :11 States.
Art.12.- The Authority eh--I1 hove such intern:tionrl leg;1 capacity as m'y be nocese:.ry
for the exercise of its functions rind the fulfilment of its purposes.
Art.13.- The Authority shall enjoy in the territory of each of its members, such
privileges and immunities as are necess,.ry for the fulfilment of its purposes.
Art.14.- The International Seabed ;authority, hereby eat-.blishod, is empoworods
(r.) to provide for the orderly :rd s:.fa davulopm3nt and ration; l menr.gement
of the area =d its resources for the benefit of mankind;
e
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(b) to undertake scientific rosoaroh in the rxo-;
(o) to undertako exploration of the area, and oxploit:.tion of its resohrooe
us well as all activities relating to production, processing and marketing;
(d) to provide for the equitable sharing of benefits deriving from the
exploration of the nror. and the exploitation of its rosoyrooo, taking into account the
spooirl interests and needs of the developing countries, whether landlocked or coastal,
in accordance with precise criteria to be established by the Assembly;
(e) to take all nooosarry measures, including inter nlin, control, reduction
or susponoion of production or fixing of prices of products obtained from exploitation
of the aroa, whenever it dooms that such production may huvo adverse ooonoaio effects
for developing countries, oxportors of r;-,w matorLlo;
(r) to take measures to prevent, mitigate or eliminate pollution or the throat
of pollution r.a well as other hazardous occurrences resulting from or ?caused by any
activities in the. area;
(g) to sake, on the initiative of interested 3t,-tea or in agreement with them,
such regional or subrogional crrangomants, including the estr.biishmont of subsidiary
organs and regional or subregiontil facilities, as it dooms necessary for the exercise
of its functions;
(h) to tako measures to ensure the implementation of the principles and
provisions of this convention.
Art.15.- The Authority shall itself undertnke exploration and exploitation activities
in the areal it may, however, avail itself for this purpose of the services of persons,
natural or juridical, public or private, national or intern:tionrl, by a system of
contracts or by the ost^blishmant of point ventures. The Authority itself may also
undertake scientific research. It may authorize other persons to carry out or under-
take ouch research, provided that the Authority may supervise any research authorized
by it.
Art.16.- In order to ensure the participation of developing countries on terms of
equality with developed countries in all aspects of the activities carried out in the
area, the Authoritys
(a) shall establish oeeanogr..phic institutions on a regional basis for the
training of nationals of developing countries in all aspects of marine science and
technology;
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(b) eh:-11 provide to developing countries on request technical assistance and
exports in the field of oceanographic exploration and exploitation;
(o) shall adopt all appropriate mLasuroe to ensure the employment of qualified
personnel from developing countries in all aspeot;; of the activities carried out in tho
(d) shall give priority to the location in developing countries of processing
plants for the resources ext.aotud from bho area;
(q) shall, in the conclusion of contracts and the establishment of joint
ventures, give due consideration to entities from developing countries; shall make
adequate piano to promote the creation and development of such entities and reserve
zones within the area for preferential exploitation by such entities.
Art.17.- Authorization for 'scientific research shall. be granted to any entity r;lfering,
in the judgment of the Council, the necessary guarantees as to its teohnical competence
and undertaking to assume responsibility for any damage that may be oaused to the
marine environment and to comply with the regulations adopted in this regard by the
Authority. Such authorization may be denied whenever, in the judgment of the Councils
there are reasons to believe that the proposed activities do not have a peaceful
purpose, or that they are to be pursued with a view to financial gain or that they are
likely to involve risks to the marine environment.
Authorization may also be revoked at any time for violation of the appliodble
regulations adopted by the Authority.
Art.18.- The Authority shall at all time have access to all research data as well as
to interim and final results of research. Such results and data must be communicated
to the Authority before their publication or communication to other institutions or
govbrn rants.
Art-19.- The Authority has the right to supervise at all times all stages of any
scientific research programme which is carried out in the area or to participate in
any or all stages 'of such research whenever it considers partiuipation desirable.
CHAPTER III
STRUCTURE
Organs
Art.20.- The principal organs of the Authority shall be the Assembly, the Council, the
Internati,vidl Seabed Enterprise (ISBE) hereinafter referred to as the Enterprise, and
the Sebre tariat.
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i CTION 1
Tau Ansombly
Art.21.- The Assembly shall be the supremo organ of the L-Itomtional Sonbod Authority
and shall consist of all States members c,i the Authority.
Art.22.- The Aneaably shall moot in ordinary session nnnually. Extrnordin&ry ooooionn
of the Assembly shall be convoked by the flea rotury-Gonors1 nt the request of the Council
or of a simple mnJority of the members.
A simple majority of the members shall constitute n quorum at mootiinga of the
Ansombly. Each to msmbor of 1'ie Assembly shall have one Voto.
Decisions or the Assembly shall be t'kon by a majority of the members prooont?and
voti g.
Art.23.- The Assembly may discuss and aooido on any qucntiona or ony matters within
the,ecopo of the present Convention or relating to the powers mid functions of tho'
A.thority as amaodiod in Article 14, and give directions to the Council and other organs
of the Authority on any of those questions or matters.
Art.24.- The Assembly shall intor alla be empowered:
(a) to elect its President and othor officora;
(b) to elect the members of the Council after having determined the group to
which each Contracting Party will belong for the purpose of those elootione, in
accordance with the torms of Article on the distribution of netts;
(o) to determine its rules of procedure and constitute such subaidinry organs
as it may consid"r necessary or desirable;
(d) to decide on the question of contribution;
(e) to approve the Authority's budget;
(f) to consider the annual reports from the Council and the Scare tart-Gbneral'
as well as any special ones which it may receive, including those submitted upon its
own request;
(g) to approve the regulations proposed by tho Council relating to tho'
forhation of contracts cnd joint-ventures with juriciccl persons, duly sponsored by
States for the exploitation of the resources of the area;
(h) to approve the report of the Enterprise, submitted through the Council;
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(i) to adopt procino oriturin for the sharing of bonofitn no well as approvo
annually tho plan nubmittod by the Council on the basis of ouch criteria;
(J) L uostion of the powurn ?nd functions of the Assembly relating to the
Entorprin7.
(k) to decide from time to timo which parts of the area are open to
exploration and exploitation, and to ootnblinh an may be doomed necessary for tho
orderly development of the area and preservation of the marine onvironmont and its
living rooourcen, reserve areas free from exploration rod exploitation.
Art.25.- The Assembly shall establish, an an advisory body to the Counoil, a Planning
Commission to draw up plans and make rooonmondationo, an may be necessary, for the
devolopmont and use of the area and its rooouroon, including appropriate measures for
the strengthening of the technological capability of developing oountrios and for
preventing any fluctuation in the prices of raw materials that may advorooly affect the
oo'noop of developing countries.
$ TxQN 2
gOUNC]Z
Art.26.- The Council shall comprioo 35 members and shall moot as often an nooeaoary
for the performance of its functions.
Art.27.- Hombers of the Council shall be elected by the Asnemb]y, from the lints
prepared in accordance with Article... having duo regard to the principle of equitable
geographical representation.
Art.28.- The members of the Council shall serve for a term of three yearn and shall be
eligible for re-election. Elections shall be hold every year. The Assembly shn
determine, by drawing lots, actor the first election, that the mandate of twelve members
shall expire at the and of one year and that of tvolve other members at the end of tvo;
years*
Art.29.- Each member of the Council shall have one vote. Substantive decisions of
the Council shall be made by a two-thirds majority of the members of the Couboil
present and voting. Procedural decisions (including the question as to whether a
particular dooieim is substantive) shall be made by a simple majority of members of the
Council present and voting.
Art.30.- The Council shell elect its Chairman, three Vice-Chairmen and one Rapporteur
for a term of one year.
The Chairman, or in case of his incapacity, the Vico-Chairman, appointed by him
shop:
Convene and conduct the meetings of the Council and carry out such other
functions as may be assigned,to him by the Council.
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Art 31.- Any Contracting Party not represented on the Council may participate without
vote in the oonsidoration by the Council of any question which is of particular interest
to it.
Art-32.- The powers and duties of the Council shall. be toy
(a) eubnit annual reportot,to the Assembly as well as spooial reports which
it may doom neoossary or when requested by the Assoublyi
(b) determine Its rules of procedure;
(a) propono to the Assembly tho ostabliohmant of subsidiary orgdnaj, as :"^y
be necoanary or desirable, and the definition of their duties;
(d) to make-reoaamoridations to the Assembly as to the contribution of member
States;
(o) submit proposed budgets to the Assembly for its approval, and supervise
their execution;
(f) issue regulations pertaining to all activities undortskon in the nroai
including those related to the resources thoroof, and supervise those activities., in
accordance with such oriterirtns may be laid down by the Assembly;
(g) submit to the Annombly propoood rules and regulations on the formation of
joint ventures with juridicrl persona, duly sponsored by Statoa, for the exploration
and exploitation of the rosourcos of the area;
(h) submit to the Assembly the ccclo of distribution among Contracting Parties
of benefits from notivities in the stun;
(1) authorize scientific rosearch in the are.-%;
(j) not rules and standards for the prevention of pollution and contamination
of the marine environment from seabed activities;
(k) cdoptj, for the benefit of developing countrioa, measures designed to
attain the aims sot forth in Art. 16.
(1) to make recommendations to the Assembly with respect to reserve are.s as
provided for in Art. 21.j;
. LIm) (question of the powers and flmc"ions of the Council with regard to tha
Entorprise)J
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"_7fION 3
TIP: J N 'ERI'RISE
Art-33.- Tho Erttor-rico in the organ of ti, Iuthority ompoworod to undertake all
tochnioci, industrial or oommaroiel activities relating to the exploration of the aroa
and exploitation of its resources (by itself or in joint ventures 4th juridioa:
persons duly sponsored by ,Stctos).
Art.34-- Tho Enterprise shall bavu an indopondont logtil personality and ouch legal
capacity as may be neooooas'y for the oxoroioo of its functions and the fulfilment of its
purpoooc.
Art.35.- (Questions relating to the structure and funotibne of the Enterprise).
5F,_CPIOA' /.
THE ,ECJ MARIA
Art-36.- There shall bo a S::crotary-Gonoral, o:.octoc by the Assembly for a term of
five yo:,ro. The Secretary-Gonoral s% ll be the nhiof administrstivo officer of the
Authority.
Art-37.- The Soorotr.rj-Gener'.1 nhri. act in that onpcoity in all meetings of the
Assembly and the Council wd shc?1 perform such other duties as are entrusted to him by
those orgms. He shall make n annul report to the Assembly an the work of. the
Authority.
Art.38.- The Secretary-Gen,ral shnla act in ,n advisory capacity to the Enterprise.
Art-39.- The Secretary-Goner-L shall be responsible for the distribution of all
information obtainod from scientific research. in the area.
i-rt.40.- The Secretary-Gonerel shc11 draw the attention of tho Council to eiq matter
which in his opinion may require its urgent oonsidoraticn.
Art.41.- In the performance of their duties the Seoretary-General and the staff shall
not seek or rocoivo instructions from any Government or from any .ot:ier authority
external to the Authority. They shall refrain from any action which might refloot on
their position as international officials responsible only to tho Authority.
Art.42.- Each Member of the Authority undertakes to respect the exclusively intor-
national character of the responsibilities of the Socretary-General and the stab' and
shall not seek to influence them in the discharge of their responsibilities.
Art.43.- The staff shall be appointed by the Secretary-Genorrl under regulations
established by the Assembly.
?
9
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Art./r4.- Appropriate staffu shad be pormanontly assigned to tho Asoombly and the
Council, and# an roquired,'to other organs of the Authority. Those staffs shall form
a part of the Sooretariat.
Art.45.- The paramount conoidoration in the eep1oyment of. the nt,%tf and in .the
deteraination of the conditions of oervioe shall be the neooeoity of securing the
highest standard* of offioienoyp oompotonoo, and integrity. Duo regard oholl'be paid
to the importance of recruiting the staff on ne wide a geographical basis in possible.
C}
ZMAMOF DISPVIES
CHAPTER V
FINAL PW7 ISIQN3
(Questions relating to amondmonte, ratifioationo aoooesionep roservations, entry into
foroeo eto.)
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0 UI\1lIL'U NATIONS
C. ENi-. f:AL
A ` SEMB(_ I'
CUlll117!'1'J11) Oil THE 11113MI]PUL UM-',()' OF T1,1173
;3plA " flJ) AND T11G) OC1"J11T VIpOJ 1119YON.D
'1'111; LIIIIT;i OF NATIONAL JURISDICTION
Dintr.
LIMI'TI W
A/AC .1-30/00 . I I/L. 27
13 July 1973
ENGLISH
Original: SPANI311
DtAIN'T ARTICLES FORINCLUSION IN A CONVIi;NTION ON T1fl LAW OF THE SEA
Worlcin, paper eubmittod by the dolegations
of Louador, Panama and Peru
PART I
ADJACENT SEA
Suction I -? General provinions
0
Article 1
1. `l'hesovereignty of the coastal State and, consequently, the exercise of its
juri.cdiotion, cha].1 extend to the sea adjacent to its coast up to a limit not
oxccodin; a distance of 200 nautic,:1 miles measured from the appropriate baselines.
2. The aforesaid oovercignty and jurisdiction shall also extend to the air apace
over the ad jace>>t sea, as troll as tc its br-,d and oubsoil.
Article 2
It shall be the respon.^,i1ility of eveiy coastal State to fix the limits of the
adjacent sca under its sovereignty and jurisdiction; within the maximum distance
:eferrccl to in article 1, with due regard to reasonable criteria taking account of
the relevant geographical, geological, eco].ogical, economic and social factoro, as
well. an of considerations of the preservation of the marine environment and of
national security.
Section II - Baselines
... (Provisions on delimitation between States whose coasts are opposite or
contiguouc) . .....................................................................
Article
1. The area of sovereignty and jurisdiction of an archipelagian State may be
measured from straight brtcelines joining the outermost points of the outer islands
and reefs of the: archipelago.
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i,ngo 2
2. In such casen, the watern oncl,onod by the baselines shall be considered internal
waters, though veosolo of any flag may sail in them, in accordance with the
provisions laid down by the archipoingian fltatc.
... (Complementary r rviviono) .................................................
Article d
Section III - Navigation regime
1. In the sea under the sovereignty and jurisdiction of the coastal State, vessels
of any flag may nail freely, without ractriotiono other than those imposed by the
duties of peaceful co-oxiotonco and compliance with the provisions laid down by the
coastal State as regards the prospecting, exploration, conservation and exploitation
of resources, the - preservation of the marine environment, scientific research, the
emplacement of installations and safeguards for navigation and chipping.
2. In so far as they are relevant, the provisions of the preceding paragraph shall
also apply to aircraft.
Article
Notwithstanding the provisions of article 4, the coastal State may lay down
additional provisions for the passage of foreign vessels and aircraft within a
limit close to its coact, for the purpose of safeguarding national peace, order
and security.
... (Complementary provisions, including passage through straits used for
international nevigation) ....
...................................................
Article 6
Section IV - Natural resources regime
The renewable and non-renewable resources of the sea, and of its bed and
subsoil, within the limits referred to in article 1 shall be subject to the
sovereignty and jurisdiction of the coastal State.
Article '
The prospecting and exploration of the adjacent sea, as i:ell as the exploitation
of its non-ronei?,able resources, shall be subject to the regulations of the coastal
State, which may reserve the aforesaid activities for itself or its nationals, or
permit them to be carried out by third parties in accordance with the provisions of
its internal legislation and of any relevant international agreements it may
conclude.
Article 8
The prospecting, protection, conservation and exploitation of the renewable
resources of the adjacent sea shall also be subject to the regulations of the coastal
State and to any relevant agreements which it may conclude, with due regard, so far
as may be appropriate, to co-operation with other States and the recommendations of
international technical organizations.
(Complementary provisions on natural resources) ............................
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pa go 3
0
Snotion V - Poll.u.tion control. rcg:i.iva
Article 9
It hall be the rooponuibil.ity of the coastal Stato to eutublish meauuren to
prevent,, reduce or eliminate in its adjacent son any damago or rioku ariuing from
pollution or other effects dotri.montal or dangorous to the ecological system of the
marine onvironment, water quality and use, living; rocouroon, hwnun health and the
d*e6P14 4..i.cw of its population, with dvo regard to co-operation with oth : States
and tho rooommnndationn of international technical organizations.
... (Complementary provinicnu on pollution) ......................................
Section V.T. - Scientific research r6lz mo
Article 10
1. It shall be for the coastal State to authorize any scientific research
activities that may be conducted in its adjacent eoa; the coastal State shrill also
have the right to participate in such activities and, to rocei.vc the results obtained.
2. In the regulations which it establishes for this purpose, the coastal State
shall bear particularly in mind the desirability of promoting and facilitating such
activities and of co-oporating, with other States end international organizations in
disseminating the results of the research.
? ... (Complementary provisions on scientific research) .............................
Section VII - Regime governing';_nstallations
Article 11
The coastal State shall permit the laying of submarine cables and pipelines
in its adjacent sea, without restrictions other than those that may result from
the provisions referred to in article 4, paragraph 1.
Article 12
The emplacement and use of artificial islands and other installations and
devices on the surface of the sea, in the water column and on the bed or in the
subsoil of the adjacent sea shall be subject to authorization and regulation by the
coastal State.
... (Complementary provisions on installations) ...................................
Section VIII - Rerrional and subreli.one: regimes
Article 13
1. In re4cions or subregions in which certain coastal States, owing to geographical
or ecological factors, are unable, before all their coastlines, to extend the limits
of their sovereignty and jurisdiction up to distances equal to those adopted by other
coastal States in the sane region or subregion, the former Statcu shall enjoy, in
the seas of the latter States, a preferential regime vas- -vis third States in
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pager
matters relating to the exploitation of renotrablo resources, tho said regl.mo to be
dotoiinined by xagional, nubrogional or bilateral agreements taking into account
the interests of "to roupoctivo States.
2. Enjoyment of the preferential rGgimo referred to in the preceding paragraph
shall be reserved to nationals of the usufructuary States for internal two.
Article 14
The coastal Stator of a single region or subregion shall promote such forms
of co-operation and consultation an they consider most appropriate in the legal,
economic, scientific and technical spheres relating to maritime questions.
... (Complementary provisions on regional and oubrogional agreements) .............
Section IX - Land-locked countries ru,;imo
Article 15
1. Land-locked Staten shall have the right of free access to the sea for the
purpose of such uses and such preferential regime as they may agree upon with the
neighbouring coastal States within the near, ad;jaeen~ vo the latter, and for
enjoyment of the freedoms of the international seas.
2. Such uses and such preferential regime in the seas adjacent to the neighbouring
coastal States an may be agreed upon shall be reserved to national enterprises of
the land-locked State.
3. For the purposes provided for in this article, coastal States shall guarantee
neighbouring land-locked States free passage through their territories, as well as
equal treatment ail regards entry into and use of ports, its accordance with internal
legislation and any relevant agreer.ients they may conclude.
Article 16
Coastal States which are not adjacent to land-locked States in the same region
or subregion shall accord uses and a preferential regime within their adjacent seas
to national enterprises of such land-locked States, under regiorttal, subregional or
bilateral agreements taking the interests of the respective States into account.
(Complementary provisions on the regime for land-locked countries) ............
PART II
CONTIITMAL SHELF'
... (Provisions to be considered for cases in-which the continental shelf extends
bey6nd the limits referred to in article 1) . .......................................
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A/A0.13U/r1C. xz/i1.
IaE:e
PART 111.
DITERNATIONAL SEAS
Artiol.i. l.Y
Thu term "international rear" shall donoto that part of the sea which is not
subject to the covoroignty and jurisdiction of coastal Status.
Article 18
The international scar shall be open to all Stator, whether coastal or
land-locked, and their ure rhuwll be reserved for peaceful purposes.
Article 19
The following freedoms shall be exercised on the international seas:
(1) freedom of navigation;
(2) freedom of overflight,;
(3) freedom to lay submarine cables and pipelines;
(4) freedom to emplace artificial islands and other installations permitted
under international law, without prejudice to the provisions of article 24;
(5) freedom of fishing, subject to the conditions laid dorm in article 20;
(6) froodon of scientific research, subject to the conditions laid down in
article 23.
These freedom shall be exorcised by any State, with due consideration for
the interests of other Stater, in the exercise of the same freedom.
... (Complementary provisionc) .....................................................
Article 20
1. Fishing and tr.mting in the international seas shall be subject to regulations
of a world-wide and regional nature.
2. The aforesaid activities shall be carried out by techniques and methods which
do not jeopardize adequate conservation of the renewable resources of the international
seas.
Article 21
The coastal State has a special interest in maintaining the productivity of
renewable resources in any part of the international seas adjacent to the area
subject to its sovereignty and jurisdiction.
Article 22
All States shall be obliged to comply with international regulations deli pied
to prevent, reduce or eliminate any damage or risks arising from pollution or other
effects detrimental or dangerous to the ecological system of the international seas,
water quality and use, living resources and human health.
... (Complementary provisions on pollution) ........................................
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A.rti.cln 23
Scientific rcooarch in the international nose aluzll be open to any State and
ohall be promoted and facilitated under forms of co-operation and assistance which
permit the participation of all jtatce, irroepootivo of their level of development
or of whether they are coastal or land-locked.
... (Complementary provisions on noiontifio research) ............................
Article 224
The omplacomont of artificial islands or any other type of inotallationa apart
from submarine cables or pipelines shall be subject to international regulations.
... (Complementary provisions on the international cone) ? .........................
PART IV
BED AND SUBSOIL OF TILE INTERNATIONAL SEAS
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? UNITED NATIONS
GENERAL
ASSEMBLY
LIIrI.' 1 _
A/AC.130/E;C. II/L. gq
10 Auguut 1973
) GLISII
Original: SPANISH
COMJITTI-'d; ON TIM PEACEIM WJ[;S OF THE S1)A-1110) AND THE
OCEAN FLOOR I31'-,'Y0NI) TIL LIITI'2"a OF NATIONAL JURISDICTION
DRI.i.v' ARTICLES ON IYISITERTES IN NATIONAL AND
I14'TI-ic1A'r'1O1?AL ZONES IN OCEAN SPbCL
Submitted by the Ieloiitionn of Ecuador, Panama and Peru
Note: These draft artic].eo nupplcment the provisions contained in part I
(articles 6 and 0) - and part III (articles 19, 20 and 21) of the
Draft Articlcn for Inclusion in a Convention on the Law of the Sea,
oubmitted in docunent A/AC.138/SC.YI/L.27. They incorporate some
of the concepts contained in proposals of other delegations concerning
fishery rcgimnn.
1. Fishorion in of national oovei_ei;1nty_ and Jurisdiction
Article A
It shall be thn responsibility of the coastal State to p^escribe leg-al provisions
relating to the management and exploitation of living resources in the maritime zone
under its soveroicnty atld jurisdiction, primarily for the purposes of ensuring the
conservation and rational utilization of such resources, the development of its
fishinL and related industries and the improvement of the nutritional levels of
peoples.
Article D
The coastal State may reserve the exploitation of living resources in the maritime
zone under its novereignty and jurisdiction to itself or its nationals, liavinC, regard
to the need to promote the efficient utilization of such resources, economic stability
and maximum social benefits.
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Arbiolo C
Where the coastal State permits nationalo of other States to exploit living
rouourcou in the maritime 'dome under its sovereignty and jurisdiction, it shall
ontablish conditions for such exploitation, including, inter alia:
(a) obtaining fishing and marine hunting licences and permits through payment of the
corresponding fees;
specifying the species that may be caught;
fixing the ago and size of the fish or other resources that may be caught;
establishing prohibited areas for fishing and hunting;
fixing the periods curing which the indicated species may be caught;
fixing the maximum size of catches;
limiting the number and tonnage of the vessels and the gear that may be used;
specifying the gear permitted to be used;
procedures and penalties applicable in cases of violation.
Article D
1. In adopting measures to conserve living resources in the maritime zone subject
to its sovereignty and jurisdiction, the coastal State shall endeavour to maintain
the productivity of species and avoid harmful effects for the survival of living
resources outside the said zone.
2. The coastal State shall, for the foregoing purposes, promote any necessary
co-operation with other States and with competent international organizations.
Article E
The coastal State may, within the limits of the maritime zone under its
sovereignty and jurisdiction, board and inspect foreign-flag fishing or hinting
vessels; if it finds evidence or indications of a breach of the legal provisions of
the coa::tal State, it shall proceed to apprehend the vessel in question and take it to
port for the corresponding proceedings.
go
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]pa(ro J
A ticlo F
Any diuputo aencorning; fishing or (renting activities by foreign-flab; vessels
within t ho :sore under ilie sovereignty end jur:Ludiction of the coasts,], State n1heul be
oottled by the compotont out,horitica of the coastal Stato.
(II) Pichcriec in intciiiat:ionc1 clown
Article G
Fishing and marine huulting activities in the international sass shall be
conducted in conformity with the articles of thin Convention and with any a;ieomcnts
that are concluded at the world or regional level.
Article H
1. Regulations adopted to regulate fishing and hunting in the international seas
shall ensure the conservation and rational utilization of living resources and the
equitable participation of all States in their exploitation, with due regard to the
special needs of the developing' countries, including those of U'-ho land-locizod
countries.
2. Such regrul.a,tions shall establish conditions and methods of fishing and hunting
which prevent the incliscrim:iine.to c .ploito.tion of species and avert the danger of
their extinction.
Article T.
The coastal State shall enjoy preferential rights to exploit living resources in
a. sector of the nee. adjacent to the zone under its sovereignty and jurisdiction, and
may reserve to itself or its nationals a pnxt of the permissible catch of sucli
resources.
Article J
With regard to the living resources of an area. of the sea. situated beyond the
limits of the zones of sovereignty and jurisdiction of two or more States, which
breed, feed and live by reason of the resources of that area, the States concerned
may agroo among thrricelves on appropriate regulations for the c,:ploration,
conservation and e;:ploitation of such resources.
Article IC
States shall ensure that the vessel:; of their flag comply with the fishing anci
hunting regulations applicable in the int.ornational seas; and they shall punish
those responsible for any breach that may come to their notice.
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Whore ca, Sto,ta han good ruaaon to believe that vounolu of the flag of another
:ttctto have violo,tod flnhint unit }n,ntinl; rogulat;tavj opplicabla to the interna,tiunol
moan, the former Sta.to may roquout the flag Stn,to to to!.(, the nocoooary ntopu to
pwil.nh thoau rouponoible.
by.._j_c 1 o 11
Any diopu'to rola:ting to the interpretation or npplica,tion of orticlou C to L of
thin Convention end of any intorne,tional or ra;;ionel roaulationn that may be adopted,
or in roopoot of fiuhing and hunting aotivitioo in the international uea, uha11 be
uuibmittod to the proooduroo for poacoful uottlomont provided for in the Convention.
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UNITED NATIONS
b-
1
~? OuyLA
1)intr.
LIMITED
A/CONr.62/C.2/L.1o
15 July 19,711
ENGLISH
ORIGINAL: SPANISH
ECUADOR: PROPOSAL ON THE TERRITORIAL SEA
(item 2.1)
PZ
THIRD CONFERENCE
ON THE LAW OF THE SEA
1. The sovereignty of a coastal State extends beyond its coast and internal or
archipelagic waters to an adjacent zone described as the territorial sea.
2. The sovereignty extends also to the sea-bed and subsoil of the territorial
sea as well as to the corresponding air apace.
3. Each State has the right to establish the breadth of its territorial sea up
to a distance not exceeding 200 nautical miles, measured from the applicable baselines.
The coastal State exercises its sovereignty over the territorial sea subject
to the provisions of this Convention.
Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7
 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7
UNITED NATIONS
GENERAL
ASSEMBLY
CQMl1ITM'i o1r 'nm PI;r:CEF(JL USES of nSEA-B. D AND THE OCEAN noon BEYOtm THE
LIMITS OF NILTIOJTAL JURISDICTIOII
SUB-.CCU11I7EM III
Mutr.
?LIIIITED
A/AC.138/SC.ILI/L.45
19 Ju].y 1973
ENGLIS1i
Original: SWIM
SCIMIM-7 REaELRCH WITHIN 'TIM ZONE SUBJECT TO alM, SOVEREIGNTY
AND JURISDICTION OF THE COASTAL STATE
Brazil. Ecir:tdor, El Salvador, Peru and Uruguay:
1. The coastal State shall have the right to bring under regulation scientific
*osasch activities conducted in the zone subject to its maritime sovereignty and
jurisdiction.
2. Scientific research activities in tiw zone subject to the maritime sovereignt,,-
and jurisdiction of the coastal State shall bn conducted for peaceful purposes.
Me coastal State shall promote, select and facilitate scientific research
activities the zone subject to its ?ariti:a soveroi~ tt~~ and jurisdiction
r th a to a:rcx..ti_ig the development of science and teoanolo ry, in order that
:.c? results _-cntribute to a bett _ la7c:cl=:ri;e, and to ti:e preservation of the
marine e: vL'or^..ent and i'.-9 resources P-n-1 tc e, more eff=icient exploitation of Vice?
resources.
Stata::, i ne?' ...ticnal _T,!-*-zical or juridical persons :tesirin
-c_ i?Jr? :l^_ C_CtY' 'i n .. t?.'lth n t'.e Ln':E: nor the m?.r1t
ri 2.r_\~
a:.' :__sa_ctior. of t::o .caatc._ 3yatc. ;hall arp'_; for xicl obtain
_ut^ori:aticn fr.x t a.t State and carply tntj .r_?ovisiox imposed by it; they
s:'1 speci` : (a) thn ob jective3 and to cz, of their nee e oi~; (b) the i ans to
b_ ..sed; (o) th_ ccientific staff to be e:::ploycd; (d) the eons in which the
activities are to u- conducted; (e) the Gatei proposed for conducting them; anri
t ',:ay Iha11 unaerta?:a to trans;~tit to the coastal State the primary data and results
the investi Lion and any samples obtz_naC, in the courcie of it.
The eoast?.l State shall have he ri;;f v to participate in the scientific
research activ_tie:; conducted within the zcue subject to its r ritir.ie sovereignty
jurisdction.
Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7
 ArgR~eease 1999/09/26 : CIA-RDP86T00608R000600110008-7
Pogo 2
6. The scientific roooaroh activities in the zone oubjoot to the maritime
novoroignty and jurisdiction of the coastal state ohall be conducted in conformity
with the conditions laid down in the rolovnnt authorization. Thooo oondi tiono ohail
not be altered by the persons conducting the invoatigation, eocoopt with the oxpreoo
consent of the coastal State.
7. Scientific research activities shall be no conducted that they do not harm
the marine roeouxnon, and that they do not interfere with or obstruct the
exploitation of those resources., navigation or existing services and inatallationu.
8. The coastal State ohalll, co-opomto with other Staten and with the international
or~arizationo concerned in order to disseminate the results of scientific research.
?
?
Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7
 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7
? UNITED NATIONS
GENERAL
ASSEMBL;'
COMMITTEE ON TIL PEACEFUL -U81:8 OIL TIIIO
SEA-13ED AND TilE OWN 110011 1111YONI)
TIC LIMITS OF NATIONAI, JUAI111)I CTION
SUB-COMMITTEE III
A/Ati, 111)I`,U , 1101,,1'?
I'4 ,In I y Iwo
0IN11h I I W
(116,1I U'I If1~ANl,f111
F:oUA)0111I11, tt hVA'IX-!lr . ~~'~~``~lllll?A111) ,U~IUUU/tY
~~jZ1lc~.1l~J. ~
ucnr, ". ~11'w,:l'UI~..~4Q,I.lJJIj,,MJIYji1~J111U1iri
1. A7?1 Statoo have a leal.tirnatn intarant in
the ooas in defence of the marlno ',nv1 rnru-Klnt alrnrd rrv101, n101, rtl11,1180 N raid r imtr~rl f Ir-q p,rl lHfrlrrrl ,r~
iuru i I,f~ nr~rl rl6lurr 1 rr6ur /,N I Ir
of their inhabitants.
2. States shall inoluda in their r,Altfar, ti 1p,4/n t-,,~ y/r,~1 /rf',/in /IM'~NIIIIN/~/ I'll
ozu combat marine rollutir,n, tikfnr, frrt?, a,;!;',?/rt ttin fnt,'r/arrtu 'rl t,haf p 1r/HNlrf bw/IbN
rnd the level of d,ovwl&prrmt vhi,t, tJ,nj h,-tia ,btt,rf/r?rf,
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of itc a ilitieu, tre 1'l,,j.:')r k na'e+Kk,,./;/ fJ, P/Arr'rr,t (/Ill l',i',r~ ',/ tr-rN h*hk fll/.'/.If/1r
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