LAW OF THE SEA COUNTRY STUDY ARGENTINA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-01054A000100070001-3
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 33
• Document Creation Date: December 12, 2016
• Document Release Date: July 16, 2002
• Sequence Number: 1
• Publication Date: April 1, 1974
• Content Type: STUDY

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Secret
Law of the Sea Country Study
Argentina
Secret
BGI LOS 74-7
April 1974
:apse State Dept. review completed
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FOREWORD
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, I
Part II provides
Dasic
data and information bearing on law of the sea matters.
This study was prepared by the Office of Basic and
Geographic Intelligence. I 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,
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CONTENTS
Part I - Law of the Sea Analysis
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Summary
1
Factors Influencing Policy
2
Law of the Sea Policy
5
Key Policy Makers, LOS Negotiators and Advisers
10
Part II - Background Information
Basic Data
17
Conventions
18
Present Ocean Claims
19
Action on Significant UN Resolutions
21
Membership in Organizations related to LOS Interests
22
ANNEX
Draft articles Libmitted by Argentina to the Seabed Committee
Maps: Regional map
Theoretical Division of the World Seabed
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ARGENTINA
Part I - Law of the Sea Analysis
A. SUMMARY
Argentina has historically had an active interest
in law of the sea matters and has played a strong
role in the preparations for the 1974 Conference.
Its primary objectives are to gain seabed juris-
diction to the seaward edge of its continental
margin where prospects for petroleum resources
are promising and to secure exclusive rights to
coastal fisheries in a broad economic zone where
it hopes to develop a domestic industry.
A moderate among the Latin American "200-milers," Argentina
has repeatedly stipulated that its extension of jurisdiction in
no way interferes with freedom of navigation and overflight
beyond 12 miles, a distance it is willing to accept as the
international breadth of the territorial sea. Argentina believes
that within any agreed-upon coastal economic zone the coastal
state should have the right to authorize scientific research
and to prescribe, if necessary, vessel-source pollution standards
higher than those set internationally. It also believes there
should be no sharing of revenue derived from the zone's resources.
Argentina is concerned about the patrimonial sea concept espoused
by many Latin American countries, and it probably will seek to
adjust the concept to accommodate its broad shelf interests.
Argentina is sympathetic to the U.S. position regarding passage
through international straits, but views an international solution
as paramount in pollution problems and navigational safety in
straits. It considers the deep seabed the common heritage of man-
kind; and it desires the establishment of a strong international
regime with powers to regulate deep seabed activity, to provide a
system for settling disputes, and to regulate international
sharing of profits and scientific knowledge.
Conflicting economic and nationalistic pressures often strain
Argentina's generally friendly relations with the United States.
In its effort to enhance its position as a leader in Latin
America, it tends to support the developing countries and oppose
Brazil, its political rival.
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B. FACTORS INFLUENCING LOS POLICY
Special Geographic Features
Argentina, the eighth largest country in the world, has a
3,100-mile coast on the South Atlantic and an extensive adjacent
continental shelf and margin. The shelf measures some 232,000
miles in area and extends from about 100 miles offshore in the
north to more than 300 miles offshore in the south. The broad
southern portion of the shelf encompasses the Falkland Islands.
The continental margin, which includes the shelf and the slope
down to the abyssal depths of the sea, extends almost 200 miles
seaward in the north and more than 700 miles in the south.
Except for Buenos Aires, Argentina is remote from the world's
major maritime routes. In the far south, the Strait of Magellan,
the Beagle Channel, and the Drake Passage could serve, if
necessary, as alternate routes to the Panama Canal.
The marine geographic features of the country have been the
source of territorial disputes between Argentina and its neighbors.
British administration of the Falkland Islands is considered
unlawful by the Argentines, who also claim the islands. The
Argentines refer to the islands as Islas Malvinas. Sovereignty
of the Beagle Channel, the natural waterway linking the Atlantic
to the Pacific in the south, is also in dispute. Argentina claims
a longitudinal boundary that traverses the channel equidistant
from the banks, while Chile claims the whole channel up to the
Argentina bank. The two countries are also involved in a sover-
eignty dispute over the three small islands at the eastern end of
the channel. An aggressive naval presence supports these claims.
Four large bays -- Rio de la Plata, Golfo San Matias, Golfo
Nuevo, and Golfo San Jorge -- indent the otherwise generally
smooth Argentine coastline. The bays are considered as internal
waters. (The estuary of the Rio de la Plata, shared with Uruguay,
was the subject of a long-standing dispute until settled by a
joint declaration in 1973.) Because the bays, except Golfo Nuevo,
cannot be closed by a 24-mile line Argentina refers to them as
"historic bays." Golfo Nuevo measures 9.5 miles, thus it is
recognized as a juridical bay, in accordance with Article 7 of
the Geneva Convention on the Territorial Sea and Contiguous Zone.
Uses of the Sea
Mineral Resources -- Argentine officials have high expectations
for their offshore resource potential. The geologic characteristics
of the continental shelf encourages petroleum exploration, and the
officials are confident that a number of areas can produce much
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needed petroleum and, perhaps, natural gas in economic quantities.
Anxious to stimulate coastal exploration and exploitation, the
Argentina Government recently passed legislation to make private
foreign company contracts more attractive. After a series of dry
wells were drilled, offshore oil (70,000 barrels) was discovered
in 1972. An active offshore exploration campaign is now underway.
State Oilfields Co. (YPF), the government-owned oil agency, has
targeted the marine portion of the Austral basin for exploration.
Terms for contracts between private foreign companies and YPF,
however, are still undisclosed.
The exploitation of Argentina's resources has been an issue
highly charged with emotion and nationalist sentiment. With
encouragement from recent offshore prospecting in the south,
Argentina can be expected to want to maximize its control over
any area that might bear exploitable resources.
Argentina has negligible quantities of metallic minerals.
Living Resources -- Although indications are that Argentina's
extensive continental shelf is rich in fish, little has been done
to fully develop its fishing industry to its commercial possi-
bilities. Argentines are accustomed to eating meat, particularly
beef. A recent survey estimated that only 12% of the exploitable
fish potential is utilized, partly because of this meat preference
but mainly because the nation's fishing fleet's netting capacity
is inadequate for the abundant resources. Nevertheless, Argentina
has made some effort to expand the fishing industry and today it
ranks 5th in Latin America. An insurance system for fishing
vessels, importation of fishing vessels, and credits for new
construction are among the promotional measures used to bolster
the fishing industry. Principal catch are hake and other bottom
fish and shellfish. The catch is landed mainly at Mar del Plata
and Buenos Aires.
Foreign vessels fished freely in Argentine coastal waters until
a 1967 law required vessels to be licensed and limited the fishing
area to between 12 and 200 miles. In February 1973 the government
reserved the full 200 miles of its claimed coastal waters for
exclusive fishing by Argentine flagships. A licensed vessel may
continue to fish within the 200-mile limit until its license
expires, but licenses will not be renewed.
Brazil, Uruguay, and Argentina are party to a treaty providing
for reciprocal fishing beyond 6 n. miles off their respective
coasts. Brazilian and Uruguayan vessels follow migratory schools
of hake off the mouth of the Rio de la Plata.
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Marine Transportation -- Argentina's merchant fleet engages
in high-seas, coastal, and river operations. Principal ocean-
going service extends to ports in the Central American Gulf
area, the North American Atlantic, Western Europe, and the
west-coast of Latin America. In 1969, 18% of the vessels used
were Argentine bottoms.
About 97% of Argentina's foreign trade is moved by ships.
Exports consist mostly of agricultural products. These products
are exchanged for raw materials and capital equipment used in
the country's complex industrial system.
Some of the passenger-cargo ships and tankers are owned and
operated by the navy. These vessels are used occasionally for
commercial purposes and are regarded as auxiliary units of the
merchant fleet even though they are under naval control.
Naval and Air Transportation Considerations -- The Argentine
Navy ranks with the Brazilian Navy as one of the two largest navies
in Latin America. Its small air arm is used in patrol and recon-
naissance. Naval antisubmarine warfare capabilities against con-
ventional submarines are good compared to those of other Latin
American navies, but there is no capability against nuclear-
powered subs. The navy, however, considers itself the guardian of
the South Atlantic, and continuously updates and reinforces its
equipment and manpower in an effort to surpass the Brazilian Navy.
Political and Other Factors
Although traditionally oriented to Europe, Argentina has
shifted toward closer relations with the United States and
cooperation with international organizations. Argentina became
very active in the OAS and UN in the late 1960's. Concern over
developments in neighboring countries and the pressure of economic
requirements -- in particular the need for foreign capital --
conflict with strong nationalistic pressures. This dichotomy is
reflected in the country's vacillation and inconsistencies in
international policies.
Relations with the United States have been generally friendly
but variable in recent years. The two countries share many
objectives, especially those related to the reduction of the
effectiveness of leftist extremists. On the other hand, a
traditionally strong nationalistic attitude combined with a
desire to assert independence from U.S. influence and a will to
assume a leadership role in Latin America often encourage
Argentina to pursue policies at variance with those of the
United States.
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President Juan Domingo Peron has been on reasonably amicable
terms with the United States, probably so as to continue to
attract U.S. and other foreign capital, since his return to
Argentina and inauguration in October 1973. However, he can be
expected to take an anti-U.S. line on such broad international
issues as law of the sea because of domestic political con-
siderations and his own personal antipathy toward the United
States.
On most issues Argentina supports the lesser developed
countries' (LDC) viewpoint and often plays a leading role.
Joint statements with other LDC leaders express loyalty and
support for the ideals of the inter-American solidarity and
affirmation of the rights of LDC's to achieve their just
aspirations. Argentina was a leader in expressing Latin American
complaints about the U.S. emergency economic program's restrictive
effect on imports.
Any U.S. decision to pressure Argentina must be done with
consideration of Argentina's national pride and its ability to
retaliate against the large private U.S. investments there. (The
balance of trade with Argentina is consistently in favor of the
United States.)
C. LAW OF THE SEA POLICY
Territorial Seas
In December 1966 Argentina extended its jurisdiction over the
seas adjacent to its coasts up to a distance of 200 nautical miles
from their low water mark. Though this decision was labeled by many
as a "territorial sea" claim, the Argentines point out that it only
was intended to conserve the resources of the sea and its soil and
subsoil adjacent to their coasts, and was not intended to interfere
with freedom of navigation and overflight in the waters concerned.
Argentina underscored this philosophy when, with many other Latin
American countries, it signed the Declarations of Lima and Montevideo
in 1970.
In sessions of the Seabed Committee, Argentine representatives
showed a preference to a plurality of coastal regimes stating, "one
was the territorial sea in the strict sense of the phrase, covering
a relatively narrow belt off the coast, where the right of innocent
passage existed; the other area, adjacent to the first, was relatively
broad in comparison and was under the sovereignty of the coastal
state, but was subject to the principle of freedom of navigation
and overflight."
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At the July-August 1973 Seabed Committee session Argentina
tabled draft articles (see Annex) that called for each state
to fix the territorial sea limit out to a distance of 12 n.
miles, where ships would have the right of innocent passage in
accordance with certain provisions. The provisions defining
"innocent passage" and spelling out the regulatory powers of
the coastal state were suggested but not enunciated.
Straits
Argentina is sympathetic to the U.S. straits position; however,
it stresses the importance of finding an international solution to
the problems of navigational safety and pollution in straits,
especially in regard to those straits that are not governed by a
specific regime and link the high seas.
Islands
Argentina has stated that it is imperative that the consoli-
dation of colonial domination is prevented and has rejected all
claims to ocean areas by powers that administer such islands,
particularly where the administering power would share with the
independent state nearest to those islands that state's
sovereignty or jurisdiction over any portion of the sea, the
seabed or subsoil thereof. This statement accommodates Argentina's
situation in regard to the Falkland Islands.
Argentina's Draft Articles entitle coastal states to construct,
maintain or operate on or over the continental shelf installations
and other devices necessary for the exercise of its rights over the
same, to establish safety zones around such devices and installations,
and to take measures necessary for their protection.
Coastal State Jurisdiction Beyond the Territorial Sea
The country has one of the broadest shelf areas in the world, and
has a strong interest in maximizing the nature and extent of its
rights over this area. Argentina signed but did not ratify the 1958
Continental Shelf Convention, stating that the Convention did not
give adequate sovereignty to the coastal state. At a Seabed Committee
Preparatory Session in 1971, the Argentines explained that although
extraction of minerals was presently the most important use of the
shelf, conceivably there were other uses (presumably artificial
islands, installations, habitats, etc.). Article 2 of the Shelf
Convention, therefore, was too restrictive in granting exclusive
sovereign rights just to explore and exploit. Instead, according to
the Argentines, sovereignty should be complete, without in any way
affecting the legal status of the superjacent waters. This adamant
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approach to sovereignty over the shelf apparently has been softened
in the Preparatory Sessions. In its August 1973 Draft Articles,
Argentina proposed that a coastal state have sovereignty over
the renewable and non-renewable natural resources of its shelf,
and have the right to construct, maintain or operate on or over
the shelf installations and other devices necessary for the
exercise of its rights.
Argentina looks quite favorably on the 1945 Truman Proclamation
and the Shelf Convention in answer to the areal extent of shelf
jurisdiction. In 1966, to strengthen its seaward claim over its
shelf, it adopted the Convention's "200-meter plus exploitability"
definition of the shelf in its national legislation.
It became apparent to the Argentines at the Seabed Committee
Preparatory Sessions that an LOS Conference that limited coastal
state jurisdiction to a 200-meters or 200-miles economic resource
zone would drastically reduce their share of the continental margin.
To emphasize their position on broad coastal state jurisdiction,
they have made periodic references to the vast resources within
their "submerged territory," the "natural prolongation" concept of
the North Sea case, and the Declarations of Montevideo (May 1970)
and Lima (August 1970), in which Latin American states endorse a
coastal states shelf rights. The Argentines voted against the
landlocked/shelf-locked countries' proposal to have the UN
Secretariat study the extent and economic significance of the
various proposed limits of national jurisdiction. In its draft
articles, Argentina finally formalized its broad seaward claim
by proposing that the continental shelf be defined so as to
coincide with the outer edge of the continental margin, which
adjoins the abyssal plain.
Argentine delegates, in seeking to accommodate various positions
on the issue, have suggested a combination of criteria be used,
including that of distance. Delegations with narrow shelves have
the right to seek solutions that compensate for geography, however,
the rights and interests of States with broad shelves also must
be taken into account. The law governing the continental shelf,
therefore, would have to be pluralistic. The Argentines agreed to
the establishment of an international area to benefit mankind but
stated that it could not be done at the expense of "acquired rights"
of the coastal states.
The Argentine Draft Articles express the right of the coastal
state to authorize scientific research and to enact measures to
prevent and eliminate pollution. International freedom of navigation
and overflight in the area is also upheld in these articles, as well
as in earlier statements and in the national legislation of 1966.
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Fisheries
Argentines have shown a keen interest in the establishment of
an international treaty that would extend preferential fishing
rights to a coastal state. This position has been indicated in
their national legislation, which controls fisheries in the area
they designate as 200-mile coastal waters or the "epicontinental
sea" (water column over the shelf to 200 meters). While they have
not formally addressed tie U.S. species approach on coastal
fisheries jurisdiction,
an Argentine delegate to tne
Preparatory Session said the coastal state should have exclusive
responsibility for granting permits for foreign fishing in the
coastal zone. These permits would allow foreigners to fish for
that portion of the fish not taken by local fishermen. By such an
arrangement, he added, it would be logical for the coastal state
to establish the level of the maximum annual catch, which should be
based on both national and international scientific and technical
information.
The Argentine Draft Articles do not elaborate on fisheries per se,
except to grant coastal states sovereign rights over "renewable and
living" resources of its continental shelf. The Argentines do, however,
make a special point that fisheries jurisdiction and seabed juris-
diction should be treated in separate regimes.
The Argentine Draft Articles, give the coastal state sovereignty
over sedentary species of the shelf's seabed and subsoil.
Argentina is concerned with the patrimonial sea concept that was
espoused by a majority of Latin American states in the Declaration of
Santo Domingo in June 1972. The concept, which sets a 200-mile limit
on a coastal state's rights over coastal resources, has been inter-
preted in various ways to accommodate states with broader continental
margins. A Venezuelan interpretation assumes this to mean that the
concept would afford shelf convention rights beyond the 200-mile
limit. Although Argentina has said little officially on the patri-
monial see concept, it probably will seek a Venezuelan-type solution.
Deep Seabed
Argentina desires a strong international seabed regime with powers
to regulate deep seabed activity, but the regime should not affect
the legal status of the resources of the superjacent waters. The
machinery for the regime should consist of an Assembly, Council, and
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Secretariat. The Assembly would be a supreme, deliberative body with
the power to make political decisions. All members of the inter-
national community would be represented and would have one vote,
and decisions would be by majority vote. The Council would have
fewer members with equitable representation, but it would carry
out Assembly decisions. The treaty establishing the regime should
also provide a system for settling disputes -- possibly through
the International Court of Justice. Argentina does not accept any
arrangement that would give the right of veto to certain States
or provide a weighting system, which it fears would give the
industrialized countries a privileged position.
Argentina considers coastal states' outer limit of sovereignty
to include all the area to the lower limit of the continental
margin, and it considers the international area as only that
portion of the seabed that is seaward of the continental margin.
It holds that the resources of the international seabed area are
the common heritage of mankind and that benefits derived by
developing countries from exploitation of these resources should
include not only a share of the monetary profits, but also the
acquisition of scientific knowledge, which would enable them to
actively participate in seabed activities.
Landlocked States
Argentina has stated that special arrangements between the
countries involved would be necessary to give landlocked states
access to the high seas and the international area of the seabed.
Equitable distribution of the benefits derived from exploitation
of that area should take into account the special needs of all
developing countries. Argentina has shown little inclination to
share within its territorial sea, although occasionally it has
expressed compassion for less fortunate countries.
Marine Pollution
Argentina proposes that the coastal state have the right to
enact and to enforce measures, in accordance with agreed-upon
international principles and standards, that would control and
eliminate pollution in the maritime area adjacent to its terri-
torial sea. This proposal probably indicates Argentina's willing-
ness to accept minimal international standards on seabed-source
pollution, provided it can set higher standards should it deem it
necessary. It also suggests Argentina's agreement on generally set
international standards for vessel-source pollution. However,
Argentina showed support of the Canadian and Australian position
by its April 1973 statement that these international standards
could not be exclusive and that the coastal state should be able
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to prescribe higher standards. The Draft Articles' reference to
"enforce" may well indicate Argentina's desire to control vessel-
source pollution standards in a broad coastal economic zone. It
participated in the October 1973 IMCO Marine Pollution Conference.
Scientific Research
Argentina asserts in its draft articles that the coastal state
must have the right to authorize scientific research activities in
the broad shelf area and that the coastal state is entitled to
participate in and receive results from the research. The government
considers scientific research closely related to resource extraction
and wants to control the research. The Argentines have not directly
addressed the U.S. proposal that there should be only specific
obligations placed on the marine researcher; however, they have
indicated that Latin Americans are in close agreement that prior
approval, rather than prior notification, is in their best interest.
They will probably vote with the LDC's for a consent regime in the
coastal zone; but considering their bilateral science and technology
dealings with the United States, they could waver some on this
question.
D. KEY POLICY MAKERS, LOS NEGOTIATORS AND ADVISERS
Argentina's return to a democratic form of government in 1973
resulted in political power domination by President Juan Domingo
Peron and Vice President Maria Estela Martinez de Peron, his wife.
Peronists have control of the national congress, and the military
has adjusted to Peron's leadership, assuming the role of adviser.
Argentina has been an active member of the Seabeds Committee in
preparations for the 1974 LOS Conference. Its permanent repre-
sentative to the United Nations, Dr. Carlos Ortiz de Rosas, is an
outstanding spokesman who is well-versed in LOS issues. He has
consistently endorsed the 200-mile territorial limit, but has
generally supported the United States. U.S. officials also consider
Horacio Basabe, Secretary of Embassy at the Ministry of Foreign
Relations and Worship, to be one of Argentina's experts on law of
the sea. He is a principal adviser to the Argentine LOS delegation
and has expressed concern that coastal states' restriction on right
of passage may affect Argentina's maritime industry.
Ambassador Hugo Caminos was recently named head of the Argentine
LOS Working Group, which has representatives from all LOS-related
government agencies. Professionally competent and very experienced
in LOS matters, he has indicated that he may be appointed head of
the Argentine delegation to Caracas.
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Elsa Kelly de Guibourg, Councelor at the Ministry of Foreign
Relations and Worship, is an experienced arbitrator. In 1973 as
she explained to the Seabed Committee that Argentina's Draft
Articles represented an effort to reconcile the various LOS
interests in conflict, she noted that though the articles
incorporated recognition of a 12-mile territorial sea such a
limit was not in accordance with Argentine domestic legislation.
Orlando R. Rebagliati, Secretary, United Nations Permanent
Mission, in the often assumed role of spokesman for the Argentine
delegation to the Seabed Committee was present at four preparatory
sessions and the organizational session of the Conference.
Argentine official delegates who attended one or more of the
preparatory sessions for the Third UN Conference on LOS or the
organizational session of the Conference are as follows:
Name and Title (as they appear
on the latest UN listing)
*Sr. Horacio BASABE
Secretario de Embajada
Ministerio de Relaciones
Exteriores
Sr. Ministro D. Vicente Ernesto
BERASATEGUI
Dr. Julio Cesar CARASALES
Ministro Plenipotenciario
Representante Permanente Adjunto
ante las Naciones Unidas
Sr. D. Marcelo E. DELPECH
Consejero de Embajada
Mision Permanente ante las
Naciones Unidas
Dr. Hernan MASSINI EZCURRA
Secretario de Embajada
Ministerio de Relaciones
Exteri ores
Seabed Committee Session
0 rci.
Mar
71
Jul
Aug
71
Feb
Mar
72
Jul
Aug
72
Mar
Apr
73
Jul
Aug
73
Conf.
Dec
73
X
X
X
X
X
X
X
X
X
X
X
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Name and Title Seabed Committee Session f Org.
S. E. Sta. Teresa FLOURET
Ministro Plenipotenciario
Ministerio de Relaciones
Exteriores y Culto
Srta. Alicia GARCIA
Secretario de Embajada
Ministerio de Relaciones
Exteri ores
Sr. D. Rafael GOWLAND
Consejero de Embajada
Ministerio de Relaciones
Exteri ores
S.E. Dr. Ernesto de la GUARDIA
Ministro Plenipotenciario
Representante Permanente Adjunto
ante las Naciones Unidas
*Da. Elsa D. R. KELLY DE GUIBOURG
Cons ejero
Ministerio de Relaciones
Exteri ores
Sr. Atilio N. MOLTENI
Secretario de Embajada
Mision Permanente ante las
Naciones Unidas
Capitan de Navio Sr. Roberto
ORNSTEIN
*S.E. Dr. Carlos ORTIZ DE ROZAS
Embajador Extraordinario y
Plenipotenciario
Representante Permanente ante
las Naciones Unidas
Mar
71
Jul
Aug
71
Feb
Mar
72
Jul
Aug
72
Mar
Apr
73
Jul
Aug
73
Conf.
Dec
73
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
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Name and Title
Sr. Orlando R. REBAGLIATI
Secretario de Embajada
Mision Permanente ante las
Naciones Unidas
Srta. Susana RUIZ CERUTTI
Secretario de Emajada, Ginebra
Srta. Elda SAMPIETRO
Secretario de Embajada, Berna
Capitan de Navio (RE) Jorge R.
SCIURANO
Director General de Pesca
Ministerio de Agricultura y
Ganaderia
Ing. Fernando VILA
Profesor
Servicio de Hidrografia Naval
13
Seabed Committee Session Org.
Mar
71
Jul
Aug
71
Feb
Mar
72
Jul
Aug
72
Mar
Apr
72
Jul
Aug
73
Conf.
Dec
73
XXXX
X
X
X
X
X
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Part II - Background Information
GEOGRAPHY:
World region: Latin America
Category: coastal
Bordering states: Bolivia, Paraguay, Brazil, Uruguay, Chile
Bordering bodies of water: Atlantic Ocean, Drake Passage,
Scotia Sea
Bordering straits: Estrecho de le Maire (16 n. mi.)
Area of continental shelf: 232,200 sq. n. mi.
Area to 200 n. mi. limit: 339,500 sq. n. mi.
Area to edge of continental margin: 484,100 sq. n. mi.
Coastline: 3,100 mi.
Land: 1,070,000 sq. mi.
Population: 24,471,000
INDUSTRY AND TRADE:
GDP: $20.7 billion (at average parallel exchange rate, 1972),
$860 per capita
Major industries: food processing (especially meatpacking),
motor vehicles, consumer durables, textiles, chemicals,
printing, metallurgy
Exports: $1,868 million (f.o.b., 1972); meat, wheat, corn, wool,
hides, oilseeds
Imports: $1,840 million (c.i.f., 1972); machinery, fuel and
lubricating oils, iron and steel, intermediate industrial
goods
Major trade partners: exports - EC 38%, LAFTA 21%, U.S. 9%,
U.K. 7%; imports - EC 24%, LAFTA 21%, U.S. 22%, U.K. 6% (1971)
Merchant marine: 175 ships (1,000 GRT or over) totaling 1,248,400
GRT; 5 passenger, 94 cargo, 58 tanker, 10 bulk, 8 specialized
carrier
MARINE FISHERIES:
Catch: 290,000 metric tons (1971) valued at $20.2 million;
exports - $4 million (1971); imports - $3.6 million (1970)
Economic importance: minor national and local
Ranking: 33 worldwide, 5 regional
Species: hake, other bottom fish, shellfish
Marine Fisheries techniques: artisanal and modern
Other countries fishing off coast: Japan, U.S.S.R., Uruguay,
Brazil
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PETROLEUM RESOURCES:
Petroleum: proved recoverable reserves - 2.500 million 42-gal.
bbl. (358 million metric tons) onshore; production - 151.9
million 42-gal. bbl. (21.7 million metric tons) onshore (1971)
Natural gas: proved recoverable reserves - 7,600 billion cubic
feet (215 billion cubic meters) onshore; production - 286
billion cubic feet (8.1 billion cubic meters) onshore (1971)
NAVY:
Ships: 1 light aircraft carrier, 3 light cruisers, 8 destroyers
(plus 3 inactive), 3 submarines (plus 3 inactive), 5 patrol
ships, 6 mine warfare ships, 6 amphibious warfare ships,
20 amphibious warfare craft, 22 auxiliaries, 20 service craft;
an additional 14 ships are for sale at Rio Santiago Naval Base
GOVERNMENT LEADERS:
Juan Domingo PERON, President; Alberto Juan Vicente VIGNES,
Foreign Minister
MULTILATERAL CONVENTIONS:
International Convention for the Regulation of Whaling, 1948
(Argentina became a party May 1960)
International Convention on Safety of Life at Sea, April 1966
MULTILATERAL DECLARATIONS:
Declaration of Montevideo on Law of the Sea, May 1970
Declaration of Lima on Law of the Sea, August 1970
BILATERAL TREATY:
Argentina-Uruguay Treaty on Rio Plata Estuary, signed November
19, 1973, ratified February 12, 1974
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PRESENT OCEAN CLAIMS:*
Type
Date
Terms
Source/Notes
Territorial
1869
3 n. mi.
Civil code Art. 2340
Sea
Repeated in Civil Code of 1929,
Art. 2374
1967
200 n. mi.
Decree Law 17,094 of Jan. 4, 1967
Permits overflight and navigation.
Signed Dec. 29, 1966, published
Jan. 10, 1967
Continental
Shelf
1946
Decree 14,708-M 722 of Oct. 11,
1946
Continental shelf and epiconti-
nental sea declared "subject
to the sovereign power of the
nation"...
1967
200 mi. ex-
ploitability
Law 17,094-M, Art. 2
"Seabed and subsoil ... to a
depth of 200 meters or ... to
where depth ... admits of
exploitation"
Exclusive
1907
10 n. mi.
Decree of Sept. 18, 1907
Fishing
Included certain wide gulfs
1966
200 n. mi.
Decree 5106
Boletin Oficial of Jan. 10, 1967.
1967
12 n. mi.
Law No. 17,500 of Oct. 25, 1967
Licensing of foreign vessels
from 12 to 200 n. mi.
1967,
Argentina-Brazil Agreement, Dec.
1970
1967, and Argentina-Uruguay
Declaration on Provisional
Fishing, March 1970, permit
reciprocal fishing beyond 6 n. mi.
1973
Law 20136, Feb. 5, 1973
*Principal source: Limits of the Seas, National Claims to Maritime
Jurisdictions, State Dept./INR, March 1973 and Revisions.
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PRESENT OCEAN CLAIMS (cont'd):
Type Date Terms
CIA-RDP79-01054A000100070001-3
Source/Notes
Fisheries
1966
Decree No. 5106
Conservation
Licensing beyond 12 n. mi. with
daily position reporting
1967
Decree No. 8,802
Fishing restrictions and pro-
cedures, Nov. 22, 1967
Customs
1869
12 n. mi.
Civil code
Security
1869
12 n. mi.
Civil Code
Criminal
1869
5 n. mi.
Civil Code
Jurisdiction
Civil
1869
3 n. mi.
Civil Code
Jurisdiction
Neutrality
1869
3 n. mi.
Civil Code
Sanitary
1869
3 n. mi.
Civil Code
Pollution
1958
Law No. 14,733 of Nov. 13, 1958
Dumping of oily wastes is for-
bidden over continental shelf.
Straight
Baselines
1961/66
Argentina and Uruguay agree to
limits of the Rio de la Plata;
also encloses three other over-
sized bays
See Limits in the Seas No. 44
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Now' ACTION ON SIGNIFICANT UN RESOLUTIONS:
Moratorium Resolution
(A/RES/2574 D, XXIV, 12/15/69)
Pending establishment 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
(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.
In favor
In favor
LOS Conference, Timing and Site Adopted w/o vote
(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 13, 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.
Permanent Sovereignty over Natural Resources
(A/RES/3016 XXVII, 12/18/72)
Reaffirmed right of states to permanent sover-
eignty over all their natural resources, wherever
found.
21
Abstain
Against
In favor
In favor
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MEMBERSHIP IN ORGANIZATIONS RELATED TO LOS INTERESTS:
FAO Food and Agriculture Organization
IADB Inter-American Defense Board
IAEA International Atomic Energy Agency
IBRD International Bank for Reconstruction
and Development (World Bank)
ICAO International Civil Aviation
Organization
IDA International Development Association
(IBRD affiliate)
IFC International Finance Corporation
(IBRD affiliate)
IHB International Hydrographic Bureau
ILO International Labor Office
IMCO Inter-Governmental Maritime
Consultative Organization
IMF (FUND) International Monetary Fund
LAFTA Latin American Free Trade Association
OAS Organization of American States
Seabeds Committee United Nations Committee on the
Peaceful Uses of the Seabed and
Ocean Floor Beyond the Limits of
National Jurisdiction
UN United Nations
UNESCO United Nations Educational, Scientific,
and Cultural Organization
WHO World Health Organization
WMO World Meteorological Organization
Non-Aligned Nations Group
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UNITED NATIONS
GENERAL
ASSEMBLY
Distr.
LIMITED
A/AC.13S/SC.II/L.37
16 July 1973
ENGLISH
Original: SPANISH
COMMITTEE ON THE PEACEFUL USES OF THE
SEA-BED AND THE OCEAN FLOOR BEYOND
THE LIMITS OF NATIONAL JURISDICTION
SUB-COMMITTEE II
ARGENTINA
DRAFT ARTICLES
1. The sovereignty of a coastal State extends to a belt of sea adjacent to its
coast, described as the territorial sea, and to the air space, bed and subsoil of
that sea.
2. It is for each State to fix the breadth of its territorial sea up to a maximum
distance of 12 nautical miles measured from the applicable baselines.
3. Ships of all States, whether coastal or not, shall enjoy the right of innocent
passage through the territorial sea in accordance with the following provisions:
3.1 ... (definition of "innocent passage").
3.2 ... (precise determination of the regulatory powers of the coastal State).
4. A coastal State has sovereign rights over an area of sea adjacent to it:.
territorial sea up to a distance of 200 nautical miles measured from the baseline
from which the breadth of the territorial sea is measured or up to a greater distance
coincident with the epicontinental sea.
For the purposes of this and the succeeding articles, the term "epicontinental sea"
means the column of water covering the seabed and subsoil which are situated at an
average depth of .200 metres.
The scope of the above-mentioned rights is laid down in the succeeding articles.
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page_2
5. It is for each coastal State to fix the breadth of the area adjacent to its
territorial sea up to the maximum distance prescribed in article 4, in accordance
with criteria which take into account the regional geographical, geological,
ecological, econemie and social factors involved and interests relating to the
preservation of the marine environment.
6. The delimitation of that area between two or more States shall be effected in
accordance with the principles of international law.
7. A coastal State has sovereign rights over the renewable and non-renewable
natural resources, living and non-living, which are to be found in the said area.
8. States in a particular region or subregion which for ge4raphical or economic
reasons do not see fit to extend their sovereign rights to an exclusive maritime
area adjacent to their territorial sea shall enjoy a preferential regime for
purposes of fishing in the exclusive maritime areas of other States belonging to
the region or subregion, such regime to be determined by bilateral agreements
providing for a fair adjustment of their mutual interests.
The said regime shall be granted provided that the enterprises of the State
which wishes to exploit the resources in question are effectively contrelled by
capital and nationals of that State and that the ships which operate in the area
fly the flag of that State.
9. The prospecting and exploration of the maritime area adjacent to the
territorial sea and the exploitation of the natural resources existing therein are
subject to the regulations of the coastal States concerned, which may reserve those
activities to themselves or to their nationals or may allow third parties to engage
in them in accordance with the provisions of their internal laws and of such
international agrements as they may -conclude on the matter.
10. The protection and conservation of renewable resources existing in the area
are likewise subject to the
such agreemtnts as they may
relevant, co-operation with
technical bodies.
regulations of the coastal States concerned arid to
conclude on the matter, taking into account, where
other States and the recommendations of international
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11. A coastal State shall also have jurisdiction to enforce in the maritime area
adjacent to its territorial sea such measures as it may enact in order to prevent,
mitigate or eliminate pollution damage and risks and other effects harmful or
dangerous to the ecosystem of the marine environment, the quality and use of water,
living resources, human health and the recreation of its people, taking into account
co-operation with other States and in accordance with internationally agreed principles
and standards.
12. It is also for the coastal State to authorize such scientific research activities
as are carried on in the area; it is entitled to participate in them and to be informed
of the results obtained. In such regulations as the coastal State may issue on the
matter, the desirability of promoting and facilitating such activities shall be taken
especially into account.
13. In the maritime area adjacent to the territorial sea, ships and aircraft of all
States, whether coastal or not, have the right to free navigation and overflight
without restrictions other than those which may result from the exercise by the
coastal State of its rights in the matters of exploration, conservation and
exploitation of resources, pollution and scientific research. Subject solely to
these limitations, there shall also be freedom to lay submarine cables and pipelines.
14. Through bilateral and, where appropriate, subregional agreements, a coastal
State shall facilitate for neighbouring States having no sea-coast the right of
access to the sea and of transit. In the same way agreement shall be reached with
States having no sea-boast on an equitable regime for the exercise in the maritime
area of fishing rights which shall be preferential in relation to third States. The
said preferential rights shall be granted provided that the enterprises of the State
which wishes to exploit the resources in question are effectively controlled by
capital and nationals of that State and that the ships which operate in the area fly
the flag of that State.
15. The sovereignty of a coastal State extends to its continental shelf. The
continental shelf comprises the bed and subsoil of the submarine areas adjacent to
the territory of the State but outside the area of the territorial sea, up to the
outer lower edge of the continental margin which adjoins the abyssal plains or, when
that edge is at a distance of less than 200 miles from the coast, up to that distance.
16. The rights of the coastal State over the continental shelf do not affect the
legal regime of the superjacent waters or air space.
17. The rights of the coastal State over the continental shelf do not depend on
occupation, effective or notional, or on any declaration.
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18. A coastal State has sovereignty over the renewable and non-renewable natural
resources of its continental shelf. The said resources include the mineral and other
non-living resources of the seabed and subsoil together with living vegetable organisms
and animals belonging to sedentary species, that is to say, organisms which, at the
harvestable stage, either are immobile on or under the seabed or are unable to move
except in constant physical contact with the seabed or the subsoil.
19. The prospecting and exploration of the continental shelf and the exploitation of
its natural resources are subject to the regulations of the coastal States concerned,
which may reserve those activities to themselves or to their nationals or may allow
third parties also to engage in them in accordance with the provisions of their
internal laws and of such international agreements as they may conclude on the matter.
20. The protection and conservation of renewable resources existing on the
continental shelf are likewise subject to the regulations of the coastal States
concerned and to such agreements as they may conclude on the matter, taking into
account, where relevant, co-operation with other States and the recommendations of
technical international bodies.
21. It is also for the coastal State to enact measures designed to prevent, mitigate
or eliminate pollution of or from the continental shelf and of its natural resources,
taking into account co-operation with other States and the recommendations of
international technical bodies.
22. It is likewise for the coastal State to authorize scientific research activities
on the continental shelf; it is entitled to participate in them and to be informed
of the results thereof. In such regulations as the coastal State may issue on the
matter, the desirability of promoting and facilitating such activities shall be taken
especially into account.
23. A coastal State shall authorize the laying of submarine cables and pipelines
on the continental shelf, without restrictions other than those which may result from
its rights over the same.
24. The establishment of any other type of installation by third States or their
nationals is subject to the permission of the coastal State.
25. The coastal State is entitled to construct, maintain' or operate on or over, the
continental shelf installations and other devices necessary for the 'exercise of its
rights over the same, to establish safety zones around such devices and installations,
and to take in those zones measures necessary for their protection. Ships of all
nationalities shall respect these safety zones, which may extend up to 500 metres
around the installations or devices.
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page 5
26. The construction of any installation or device shall be officially made public
and permanent means for giving warning of its presence shall be maintained. Any
installation which is disused shall be removed by the coastal State.
27. The exercise of the coastal State's rights over the continental shelf shall not
result in any unjustifiable interference with the freedom of navigation in the
superjacent waters and of overflight in the superjacent air space, nor shall it
impede the use of recognized lanes essential to international navigation.
28. Delimitation.
29. Safeguard of existing international, bilateral or regional agreements on
delimitation of the continental shelf.
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UNITED NATIONS
GENERAL
ASSEMBLY
aiEEEL-F=-7.H=
Distr.
LIMITED
A/AC.138/SC.II/L.37/Corr.1
19 July 1973
ENGLISH ONLY
COMMITTEE ON THE PEACEFUL USES OF THE
SEA?BED AND THE OCEAN FLOOR BEYOND
THE LIMITS OF NATIONAL JURISDICTION
SUB?COMMITTEE II
ARGENTINA
DRAFT AnTicLEp
Corrigendum
1. Page 3, paragraph 12, second and third lines
For to be informed of read to receive
2. Pqap_IL.mayaixrula 17, second line
For declaration read proclamation
3, Page 4, parag=h,18,_foUrth line
For organisms read animals which
4. Page 4, paragraph 22, second and third lines
For to be informed of. read. to receive
GE.73 -49007
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6o.
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750
o
' R OPIC 0 F
1.1:Y 0 UTH
C A PRI
R N
.
Isla San Felix, .., 9?
(Island) ..rsla San Ambrosio
- (Chile
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0.
_?,...
,
--.1
....
-- f \ BOLIVIA
0 SUCRE ----i
____ _c.,_
1
l
.
ARMCO
__,
- BRAIL
Boundary
---?
4 . Sflo Paulast,:t04,
//
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riolLhLffe
)
,
Boundary a dispute ag_megre
---,--'-

Santa Cala
,.Belo Horizonte i ,
.. Vitoria
,
? -,_,
- 1
_Bio_de_lanairo_
,59''' 3
,.-
--,
--
._,

PACIFIC
/ OC_EA AT
_
ISLAS JUAN FERNA NDEZ
fISIANDS)
-,.(Chilet-----,
;.;,--Isla R' inson Cru
Isla Alejandro SelIcirTH i-lcase-ta' I:a Clara
I ,
,,,
,,,,?,
0 1
/ 0 1
SATIAGO)
*
(ordoba*
???...
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BUENOS
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Grande '
o
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.
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?
-_---------- -/ /

/1
SOUTH: , (

, '
ATLANTIC
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.._:.
? Bahia Bloom
,
,
.
Bahia Bic
/
e Go/?Sari Mafia.;
Isla de Chibe --r__S-\
fekindj 1-1__)
,
ec,4'
TIC U
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R / G E N '
,
/
/
/
7"
?:
?
0, sw ii, ir
?ti Golfo Si:,i-- .Torge ?`
il - -- 1.......,_--Boundary in dispute
o,..1,z Pen zs
f --,
200 Alifit
,.
S-----.,
___
,

3000 --
2000 -- ---
? 200 Aj
DEPTH OF THE SEABED
0 183* 3658** Meters
zo4
A
le. !-
'
Golfe, TrtrattiaL
,
' x- ,
':=,
-\
'
------
---- - ---
, ? t,-,,
7 j
'.., 4..c. Bahth Grande
FALKLAND ISLANDS (Islas Malvin ) race
(UK ?Claimed by Arg)
-
i ---.._
'9,
- ---20,,,, .,------Th
0 OUTH GEORGIA ISLANDS
'
--- ISS GEORGTAS DEL SUR)
--, --.--/
?
3 -------
--....,
NAMES AND BOUNDARY REPRESENTATION
ARE NOT N ECESSARI., AU TE ORITATIVE
Re,
0 100 2000 Fathoms
600 12000 Feet
*The continental shelf is conventionally defined
by the 200 meter (656 foot) isobath
**The continental margin is approximately defined
by the 4000 meter (13122 foot) isobat h.
?
'
,
'4 .,
' 8
., We,,sf Falkland ,.N.cP 'r_7,
Estraiho da ....i,a.i,-, Estrecno cci'iiiiJail9nes
-_ (Strait of May 0-) (traer Vr "14._ ,!an)
,. ?
S:
.' East Falkland
6
, ,zoc
s
i ? -*7.1.sie de Los'fifados
------
0>'20?
...,
0 100 200 300 400 Nautical Miles
MERCATOR PROJECTION
-4c,,,,
, =- '1.1, q.,._....3,-,-..
0 Cabo de Homos
(cape Horn)
.-
- ---
isle Diego Ramirez
.. .... .. .
75? 0 s4.flhte
_
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THEORETICAL DIVISION
OF THE SEABED
!Seabed less than 200 meters
----i (656 feet) deep
Continental platform deeper
than 200 meters; plateaus.
or slopes steeper than 1;40
Centinentai rise, with slopes
I flatter than 1:40 and steeper
than 1;1000 (outer edge
approximates the seaward
iimit of the continental margin)
Area beyond 200 nautical
mile seabed jurisdictlian
Equidistaht division of the
seabed (its 200 nm or edge
of the continerl-zi margin')
US
MON GO HA
UNION OF SOVIET SOCIALIST REPUBLICS:
CANADA
'U.S.S.R.
SPAIN
SPAIN
.,JN'TED STATES
TURKEY
PEOPLES REPUBLIC OF CHINA
PORTUGAL
PEOPLES REPUBLIC
- OF CHINA
JAPAN
UNITED STATES
ALGERIA
LIBYA I EGYPT
?
Ni ES CC
MAX ICO
SAUDI ARABIA
PUB VIET A
NIGER
INDIA 3B/2
A
fHILIPPINES
FRANCE
CHAD
THE G SUDAN
Gll
INDIA
NIOERLB,
qi LAW
S1E0R
1E0 E
0, ?
-ANZANI4 nrdZANI
AUSTRAL ,A
AUSTRALIA
PERU PERU
BRAZIL
ANGO
ZAMBIA
BOLIVIA
AU U ;,(LIA
a A BIOU
,MAURITIUS
AUSTRALIA'
ALSTRAL.A
FRANCE
FRANCE
FRANCE
UNITED
KINGDOM
:
CH LE
CHILE
SOUTH ?-Esor
AFRICA
AR
30
,SOLITH AFRICA
FRANCE
UNITED IC,NGDOM
AUSTRALIA
FRANCE
FRANCE
SOUTH A =R'CA
FRANCE
AUSTRALIA
1 40 3.74\',
AUSTRALA
UNITED KINGDOM
AUSTRALIA
C R WAY
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Secret
Secret
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