JPRS ID: 9245 WORLDWIDE REPORT LAW OF THE SEA

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• Document Page Count: 11
• Document Creation Date: November 1, 2016
• Sequence Number: 17
• Content Type: REPORTS

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JPRS L/9245 ~
11 A~ugust 1980
Worldwide Re o~t -
. p
LAW OF THE SEA
CFOUO 5/80)
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- JPRS L/9245
_ 11 August 198~
- WORLDWIDE REPORT
LAW OF THE SEA
(FOUO 5/80;�
CONT~NTS ~
. WORLDWIDE AFFAIRS _
Briefs
Japanese Opposition to U.S. Bill 1
~ ASIA
= INTER-ASIAN AFFAIRS -
J
Briefs 2
Japanese Loan to India
JAPAN
'ASAHI' Views Law of Sea Conference in Geneva _
- (ASAHI EVENING NEWS, 29 Jul 80) 3
. LATIN AMERICA
CUBA
Text of Foreign Ministry Statement on U.S. Seabed Law
- (PRELA, 10 Jul 80) 5 -
SUB-SAHARAN AFRICA
ANGOLA
Briefs ~
Agreement With Spain Detailed
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WORLDWIDE AFFAIRS -
BRIEFS -
JAPANESE OPPOSITION TO U.S. BILL--Tokyo, June 16 (JIJI press)--The Agricul- �
- ture, Forestry and Fisheries Ministry Wednesday decided to send Fishery
Agency Director Nobuo Imamura to t.he United States next month in a bid
to prevent congressional passage of a bill for phasing out foreign fishing
vessels from that country's 200-mile fishery zone. The Merchant Marine
and Fisheries Committee of the house unanimously approved the bill, pro-
posed by Representative John B. Breaux (17-La.), last week. Japanese
fishermen catch 1.2 million tons of fish a y?ar in the waters. Therefore,
the bill, if enacted, would deal them a serious blow. Imamura will appeal
to government and congressional leaders to block the legislation.
- Director Hiroya Sano of the Fishery Agency's Oceanic Fisheries Department,
who visited the U.S. for eight days fram June 7, said he formed an impres-
sion that the bill may also be passed by the full house. However, there
is also an optimistic view within the Fishery Agency that even if the bill
clears the house, it would be rejected by the Senate, which is more .
moderate than the house, since the bill contradicts the internationally-
accepted principle of allowing foreign countries to catch surplus fish
resources within the 200-mile f ishing zone. [Text] [OW181415 Tokyo JIJI
in English 1357. GMT 18 Jun 80]
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INTER-ASIAN AFFAIRS
BRIEFS
JAPAN~SE LOAN TO INDIA--Tokyo, 7 Jun--Japan exchanged notes with India in
- New Delhi Saturday to supply a yen loan worth 8.6 billion yen (about
$34.4 million) to a project for developing an undersea oilfield off
Bombay, it was announced here the same day. This is based on agreement
reached at a meeting last year cf India's creditor nations to cooperate
in the project, which calls for starting to produce 9 million tons of
oil a year by 1983. The credit is repayable over 30 years, including
a 10-year grace period, at an annual interest of 2.75 percent. It is
extended through the Overseas Economic Cooperation Fund under the "less
developed country (LDC) untied" formula obligating the credit recipient
to purehase necessary goods and services from developing countries. �
[Text] [Tokyo JIJI in English 1421 GMT 7 Jun 80 OWJ
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JAPAN
'ASAHI'VIEWS LAW OF SEA CONFERENCE IN GENEVA
OW300845 Tokyo ASAHI EVENING NEWS in English 29 Jul 80 p 13 ,
[ASAHI SHIMBUN 27 July Editorial: "The Law of the Sea Session"]
[Text] The ninth session of the 3d United Nation~ CoLz"erence on the Law
of the Sea was resumed on July 28 in Geneva and will last for five weeks.
The aim of this session is to draw up an official draft on the basis of
the second revision of the unofficial draft of a Law of the Sea drawn up
in the eiphth session. These marathon negotiations, which have already
gone on for seven years, are at last entering the final stages.
The Law of the Sea Treary is likely to be enormous, with over 400 articles.
Agreement has been reactted on 99 percent of the points of issue. If agree-
- ment can be reached on the remaining one percent and if the official draft
can be drawn up as scheduled during this session, the signing ceremony will :
be held in Caracas next year.
But the remaining one percent includes points on which agreement has not
been reached despite a great deal of negotiation. All of them are very
difficult problems. One of them, for instance, concerns the conduct of '
voting in meetings of directors of the Interr.3tional Seabed Authority,
which will control the development of deep seabed resources. There has
not been even the smallest hint that a compromise might be reached between
- the advanced countries, who are insisting that they should have a right of _
veto, and the developing countries, which are strongly opposed to this.
Resources producing countries and consuming countries are also at odds over
limiting the exploitation of resources on the deep seabed. The problem of
determining the boundaries between the areas in which neighboring countries ~
have rights also remains unsolved. And there are differences over the
conditions for the implementation of the treaty and an article concerning
its revision.
But that is not all. A new factor appeared just before the resumption of
the current session: at the end of June, the United States promulgated a
domestic law which would allow it to go ahead with the exploitation of the
deep seabe3.
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The U.S. has always been impatient about the slow progress of the U.S.
Conference on the Law of the Sea and there have been a number cf moves, par-
ticularly in congress, aimed at promulgatir;,~ a domestic law. The developing
countries have reacted sharply, and last year they passed a resolution which
said in effect that retaliation would be taken against countries which pro-
mulgate domestic laws of this kind.
The American law no longer says--as was originally planned--that the U.S.
will go ahead alone if agreement in the UN Conference takes tco long. As
a result of the efforts of the U.S. Government, which was concei~ed about
the effect of the law on the conference, important revisions were made.
For one thing, it has been clearly stated that the domestic law is temporary '
and will expire when the Law of the Sea Treaty comes into being. And the
stipulation has been included that development on a commercial basis will
not be approved until 1988. In other words, the U.S. Government has foreseen
that considerable time will pass before the treaty comes into effect and
intends to utilize that period by making various preparations, such as the
demarcation of mining areas and surveying.
The developing~~countries are alomst certain to react to the promulgation of
the U.S. law, and whether the revis ions will mollify their critici~m in any
way remains to be seen. It must be said that the decision of *_:~e U.S. to
promulgate a domestic law in the last stages of the conference on the Law
of the Sea is regrettable, but the developing countries should not merely
r^,act in an adverse manner, but should take into consideratiori the sincerity
.:he U.S. showed in its willingness to make the revisions.
Seventy percent of the earth is covered by sea and every nation depends to
some extent on the sea. Consequently, the nationa~ interests of various
- countries clash to a peculiar degree. The Law of the Sea Treaty will encom-
pass everything concerning the sea, so it is no wonder that there are diffi-
culties.
Equally, if the differences can be resolved and a new order of the sea
created, the significance will be enormous. Both the advanced and developing
countries should consider this and should be willing to make concessions
with respect to immediate interests so that agreement can be reached in this
session. Ar!d, of course, Japan should stand between North and South and play
a constructive role.
COPYRIGHT: Asahi Evening News 1980
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- CUBA
t
TEXT OF FOREIGN MINISTRY STATEMENT ON U.S. SEABED LAW
PA101739 Havar.a PRELA in English 1617 GMT 1~ Jul 80 ~
[TextJ Havana, J~_.~. 10 (PL)--The Ministry of Foreign Relations issued a
statement whose ce:~t says:
- , President Carter has signed the law which opens the way for the U.S. mono-
polies to exploit and plunder thP huge mineral wealth of the ocean bed,
making a dead letter of Resolution 2749 (XXV) of the United Nations
General Assembly which solemnly declared that the zone of the marine and -
ocean beds and their subsoil outside the limits of national jurisdiction, _
as well as their resources, were the common heritage of humanity, whose _
exploration and exploitation will be carried out to benefit the whole
of humanity, ~
The U.S. representatives voted in favor of that resolution in 1970. And
on the inclusion in the preamble of the draft treaty which is being drawn
- up by the third United Nations conference of the Law of the Sea, the United
States delegation did not oppose the consensus. That vote and that
acceptation have turned out to be a mere scrap of paper.
The threat to decree that unilateral legislation dates back several years. -
It has led to the reiteration, both by the spokesperson of the Group of 77
and on the part of the president of the conference, Mr. Amerasinghe, of the
principle approved by the United Nations General Assembly, and the -
- denunciation and protest of the developing countries with the overwhelming ?
majority support of the conference.
The law approved will include two particularly threatening aspects for the
' conference which is striving to complete the treaty, 90 percent of which
has already been drawn up.
In Section 118 "reciprocal states" it instructs on consultations witn
other states which will promulgate or are preparing to promulgate domes tic
legislation to allow their monopolies the exploration and commercial
recovery of minerals from the ocean bed. It thus stimulates the
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multiplication of unilateral legislation.s which would lead to the failure
of the third United Nations Conference of the Law of the Sea, now close to
its goal. `
And in the Section 201 "declaration on congr.~ssional ir.*ention," it estab-
lishes as one of its aims the providing for the security of the rights
acquired by its monopolies in the exploitation of the ocean bed in the
_ case that there is an agreement on an international regime like the one
the conf erence is structuring. This would mean placing bef~re the con-
~ ference, in the practice, a de facto situation.
_ The Ministry of Foreign Relations thus denouuces the signing o.E that law -
by Presider.t Carter, as an attack on the interests of rhe international ,
coIIUnunity and particularly of the developing countries, G-hich now more than
ever must close their ranks in the next period of sessions which will
be their final stage in Geneva shortly, so as to guarantee the success -
of the conf erence, and repudiate wholeheartedly the United States'
unilateral legislation.
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ANGOLA -
BRIEFS .
AGREEMENT WITH SPAIN DETAILED--Following the visit of Spanish Minister of
Transportation and Communications Jose Luiz Alvarez to Luanda, an agree-
ment in the fishing sector was signed between Angola and Spain. Accord-
ing to its terms, Spain will provide training for technical cadre and
participate in the construction of a canning factory. Through the Spanish
Oceanographic Institute, Spain will provide technical assistance to _
- Angola, notably in the lobster breeding field, as well as in the estab-
lishment of canning and freezing industries. Moreover, according to the
terms of ttiis 3-year agreement, 84 Spanish fishing vessels will be allowed _
to catch 18,000 tons of seafood per year in Angolan waters, 12 tuna boats
will be permitted a catch of up to 24,000 tons of tuna per year while the ~
- boats fishing for grouper will be allowed to catch 1Z,000 tons. During
his visit to Angola, the Spanish minis~er also studied the possibilities
of increasing the economic and trade relations between the two countries.
- Alvarez specified that "Spain is ready to establish general relations
in various sectors of ttae economy," giving the two countries the opportun-
ity to contribute something to each other. It should also be noted that
the Spanish minister gave Angolan chief of state Jose Eduardo dos Santos
a personal message from King Juan Carl~s. [Te:ct] [Paris MARCHES TROPICAUX .
ET MEDITERR.ANEENS in French 20 Jun 80 p 1580] '
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