LAW OF THE SEA COUNTRY STUDY ECUADOR

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-01054A000300100001-7
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 61
• Document Creation Date: December 9, 2016
• Document Release Date: March 27, 2001
• Sequence Number: 1
• Publication Date: June 1, 1975
• Content Type: STUDY

Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Secret
No Foreign Dissem
Law of the Sea Country Study
Ecuador
Secret
GCR LOS 75-11
June 1975
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
NATIONAL SECURITY INFORMATION
Unauthorized Disclosure Subject to Criminal Sanctions
Classified by 019641
Exempt from General Declassification Schedule
of E.O. 11652, exemption category:
?513(1), (2), and (3)
Automatically declassified on:
date impossible to determine
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : ClietWE79-01054A000300100001-7
No Foreign Dis.svin
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.
primary geographic, economic,
might influence the country's
public and private expressions
Part I is an analysis of the
and political factors that
law of the sea policy, the
of that policy,
25X1B involved. Part II provides
basic data and information bearing on law of the sea matters.
?
This study was prepared by the Office of Geographic
and Cartographic Research. was provided by
the Central Reference Service. The study was coordinated
within the Directorate of Intelligence and with the Depart-
ment of State. Comments and questions may be directed to the
LOS Country Studies Working Group, Code 143, Extension 2257.
1
Approved For Release 2001/04/27 : Clek1979-01054A000300100001-7
25X1B
25X1B
25X1B
Approved For Release 2001/04/27 : CIARIM9-01054A000300100001-7
No Fomgn Lhssem
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
Part II - Background Information
Basic Data
28
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
Approved For Release 2001/04/27 : CIA-ROP79-01054A000300100001-7
ts
Approved For Release 2001/04/27: CIA-RDEV1054A000300100001-7
No Foreign Di.ssein
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..."
- 1 -
Approved For Release 2001/04/27 : CIA-RDPiMb54A000300100001-7
Approved For Release 2001/04/27 ?s2h-IRDP79-01054A000300100001-7
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 developed
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.
-2-
Approved For Release 2001/04/YPIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-I1IRF9-01054A000300100001-7
The 360-statute mile boundary with Colombia 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 and
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)
- 3 -
SECRET
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-89p79-01054A000300100001-7
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 Aviacion. 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)
_4_
Approved For Release 2001/04/27 : df-libP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
SECRET
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 internatfonal 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
law. 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 the 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.
_ 5_
SECRET
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
SECRET
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
relations 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 projections
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.
- 6 -
SECRET
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
?
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
SECRET
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 proclaimed 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 natural
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 from 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
-7-
SECRET
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
SECRET
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 I2-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.
Archipelagos 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 It
discussions in March 1973 Ecuadorean representative Alfredo 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
- 8 -
SECRET
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
SECRET
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 meters. 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 coastal 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
-9-
Approved For Release 2001/04/27 : CIA-RDMV01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
SECRET
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
- 10 -
Approved For Release 2001/04/27 rektbRDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
SECRET
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 mineral 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.
- 11
Approved For Release 2001/04/27 : CIAERDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
SECRET
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
- 12 -
Approved For Release 2001/04/27 : CIA-RM79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
SECRET
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
and international 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)
- 13 -
SECRET
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27: CIA-RDP79-01054A000300100001-7
SECRET
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
retain 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)
- 14 -
Approved For Release 2001/04/27: CIA-I3M9-01054A000300100001-7
25X1B
Approved For Release 2001/04MREICIA-RDP79-01054A000300100001-7
LOS Conference Attendees (U)
*His Excellency Gonzalo ALCIVAR
Ambassador
Adviser for Territorial Sovereign
Ministry of Foreign Affairs
Dr. Mario ALEMAN
Counselor
UN Permanent Mission
*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
Mr. Eduardo CABEZAS
First Secretary
UN Permanent Mission
*Rafael GARCIA VELASCO
Advisory Member, Studies and
Investigations Commission
Ministry of Foreign Relations
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
'Y
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
- 15-
3ECRET
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
25X1B
Approved For Release 2001/04/27 : CyklipP79-01054A000300100001-7
LOS Conference Attendees (U)
Dr. Hugo JATIVA
Minister
Alternate Representative to
the UN
Cdr. Marco Arturo LEON DIMAS
Navy
Dr. Alfredo LUNA
Ambassador
Rear Adm. Auerelio MALDONADO
Dr. Guillermo MALDONADO LINCE
Ambassador to UN Organizations
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 ANDA
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
Feb
Mar
72
Jul
Aug
72
Session
Mar
Apr
73
Jul
Aug
73
LOS
Dec
73
Third
Conference,
Jun-
Aug
74
Mar-
May
75
far
71
Jul
Aug
71
X
X
X
X
X
X
X
X
X
X
X
- 16 -
Approved For Release 2001/04/2R-RDP79-01054A000300100001-7
vararro'
25X1B
Approved For Release 2001/04/27 : CIA-RRMr-01054A000300100001-7
LOS Conference Attendees (U)
Dr. Edmundo NAVAS
Navy
Dr. Fernando PAVON EGAS
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
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
X
X
X
x
X
X
X
X
X
X
X
X
X
X
- 17 -
Approved For Release 2001/04/27 : Clk-W79-01054A000300100001-7
25X1B
Approved For Release 200142N7 : CIA-RDP79-01054A000300100001-7
LOS Conference Attendees (u)
Horacio SEVILLA BORJA
Counselor
Alternate Representative to
the UN
Mr. Pedro SOSA
Dr. Antonio VACA
*Dr. Luis VALENCIA RODRIGUEZ
Ambassador to Peru;
Head of Delegation to Third
Los Conference
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
X
X
X
- 18 -
Approved For Release 2001/04*PEdIA-RDP79-01054A000300100001-7
25X6
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Next 8 Page(s) In Document Exempt
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
SECRET
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.
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: food processing, 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 otherwise indicated, individual items are Unclassified/
For Official Use Only. Classification designations are (C)
Confidential and (8) Secret.
** Includes Galapagos Islands (Archipielago de Colon)
- 28 -
Approved For Release 2001/04/27 sgl*TRDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
SECRET
Petroleum Resources
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 Lara
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
IADB
IAEA
ICAO
LAVA and Andean Sub-Regional
Group (created in May 1969
within LAFTA)
OAS
Seabed Committee
UN
Economic and Social Council
Inter-American Defense Board
International Atomic Energy Agency
International Civil Aviation
Organization
Latin American Free Trade Association
Organization of American States
United Nations Committee on the
Peaceful Uses of the Sea-Bed and
Ocean Floor beyond the Limits
of National Jurisdiction
United Nations
- 29 -
SECRET
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
SECRET
Type
Date
Present
Ocean Claims*
Terns
Source, Notes
Territorial
1930
3 mi.
Art. 582 Book II Registro
Sea
Oficial 2-b-510
1951
12 mi.
Decree Law of Feb. 21, 1951,
Registro Oficial, 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
superjacent waters
Registro Oficial No. 756, Mar. 6,
1951
Exclusive
1938
12 mi.
Reg. oi Feb. 2, 1938
Fishing
1951
200 ni.
Civil Code
Decree Law 003, Feb. 22, 1951
Fisheries
1969
200 mi.
Law 110 CL Off. Reg. No. 132
Conservation
Mar. 10, 1969
Customs
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 Revdsion, State Dept./INR April 1974
1 /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 Oficial, 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.
- 30 -
SECRET
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP7klagf4A000300100001-7
Present Ocean Claims (con't)
Type Date Terms Source, Notes
Neutrality 1966 200 mi.
Sanitary 1966 200 mi.
Pollution 200 mi.
Straight 1971 Around the Supreme Decree No. 958 of
Baselines Galapagos and Mainland June 28, 1971
(outermost islands) Registro Oficial No. 265 of
July 13, 1971. See Limits of
the Seas No. 42.
- 31 -
SECRET
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/2KES*-RDP79-01054A000300100001-7
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 ot 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 6, 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 sovereignty
over all their natural resources, wherever found.
- 32-
In favor
Against
In favor
In favor
Approved For Release 2001/04/27 :if-nkIDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
JNITED NATIONS
GENERAL
ASSEMBLY
Distr.
GENERAL
A/AC.138/49
4 August 1971
ORIGINAL: ENGLISH AND SPANISH
COMMITTEE ON THE PEACEFUL USES 0F THE
SEA-BED AND THE OCEAN FLOOR BEYOND THE
LIMITS OF NATIONAL JURISDICTION
Dual distribution
WORKING PAPER ON THE REGIME FOR THE SEA BED AND OCEAN
FLOOR AND ITS SUBSOIL BEYOND THE LIMITS OF TIONAL JURISD CTION
Submitted by Ohne, Colombia, Ecuador, El Salvador, Guatemala, Guyana,
Jamaica, Mexico, Panama, Peru, Trinidad and Tobago, Uruguay, Venezuela.
PREAMBLE
CHAPTERI
Fundamental principles
Art. 1.- The Sea Bad and Ocean Floor and the subsoil thereof beyond the limits of
national jurisdiction (hereinafter referred to as the area") as well as its
rliources are the common heritage of mankind.
krt. 2.- The area and its resources shll not be subject t.,o ,pproprieion by !-nv
means whatsoever by State3 or perscns, mtural or juridical, and no State
clain or e::.ercise sovereignty over any part of the area and its resource,
shall it claim or exercise any rights exc!ept as hereinafter provided.
3.- Exclusive jurisdiction over .he area and acbdnistration of its rescarce:s
be e7srcisA on behalf of mankind by the Authority established under this
fl-,7'17enticr,
71-17557
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Art. 4.- The benefits obtained from exploitation of the resources of the area shell
distributed equitLbly among ell St tes, rrespective of their geographical location,
giving special consideration to the interaft,s and needs of developing countries,
whether coastal or landlocked.
Art. 5.- Exploitation of the resources of the area shall be carried out in a rational
manner so as to ensure their conservation and to minimize any fluctuation in the prices
of minerals and rem materials from terrestrial sources that may result from such
exploitation and adversely affect the exports of the developing countries.
Art. 6.- All activities in the area shell be carried out in such a manner as to protect
and conserve the natural resources of the erea and to prevent damage to the fauna nd
flora of the marine environment.
Art. 7.- The area shell be used exclusively for peaceful purposes.
Art. 8.- In the activities carried out in the areas the rights and legitimate interests
of coastal States shall be respected. Consultations shall be maintained with the
coastal States concerned with respect to activities relating to the exploration of the
area and the exploitation of resources with e view to avoiding infringement of such
rights and interests. Coastal States shall heve the right to adopt such measures as
may be neoessary to prevent, mitigate or eliminate grave danger to their coasts or
related interests that may result from pollution, the threat of pollution or from any
other hazardous occurrences resulting from or caused by such activities,
CHAPTER II
The Authority. Members. Functions and Powers.
Art. 9.- The Parties to this Convention do hereby establish an International Authority;
for the Sea bed, heroin referred to as mile 2.ethority".
Art.10.- The seat of The Authority shall be - It may be transferred by the Assembly on
the affirmative vote of two thirds of its members.
Art.11.- Membership in the Authority shill be open to all States.
Art.12.- The Authority shall have such international legal capacity as may be necessary
for the exercise of its functions and 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 necessary for the fulfilment of its purposes.
Art.14.- The International Seabed Authority, hereby established, is empowered:
(a) to provide for the orderly and safe development and rational management
of the area and its resources for the benefit of mankind;
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
(b) to undertake scientific research in the area;
(c) to undertake exploration of the area, and exploitation of its resohroes
as well as all activities relating to produ(tion, processing and marketing;
(d) to provide for the equitable sharing of benefits deriving from the
exploration of the area and the exploitation of its resources, taking into account the
special. interests and needs of the developing countries, whether lnndlocked or coastal,
in accordance with precise criteria to be established by the Assembly;
(s) to take all necessary measures, including inter cilia, control, reduction
or suspension of production orfixing of prices of products obtained from exploitation
of the area, whenever it deems that such production may have adverse economic, effects
for developing countries, exporters of r-lw motertAs;
(f) to take measures to prevent, mitigate or eliminate pollution or the threat
of pollution as well as other hazardous occurrences resulting from or caused by any
activities in the area;
(g) to make, an the initiative of interested States or in agreement with them,
such regional or subregional arrangements, including the establishment of subsidiary
organs and regional or subregional facilities, as it deems necessary for the exercise
of its functions;
(h) to take measures to ensure the implementftion of the principles and
provisions of this convention.
Art.15.- The Authority shall itself undartako exploration and exploitation activities
in the area; it may, however, avail itself for this purpose of the services. of persons,
natural or juridical, public or private, national or international, by a system of
contracts or by the establishment of joint ventures. The Authority itself may also
undertake scientific research. It may authorize other persons to carry out or under-
take such 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 Authority:
(a) shall establish oceanographic institutions on a regional basis for the
training of nationals of developing countries In all aspects of marine science and
technology;
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Cb) shall provide to davaloping countries on request technical assistance and
experts in the field of oceanographic exploration and exploitation;
(c) Shall adopt all appropriate masures to ensure the employment of qualified
personnel from developing countries in all aspects of the activities carried out in the
area;
(d) shall give priority to the location in developing countries of processing
plants for the resources extaacted from the area;
(e) shall, in the conclusion of contracts and the establishment of joint
ventures, give due consideration to entities from developing countries; Shall make
adequate plans to promote the creation and development of such entities and reserve
zones within the area for preferential exploitation by such entities.
Art.I7.- Authorisation for Scientific research shall be granted to any entity offering,
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 caused 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 Council,
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 times 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
0:averments.
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 participation desirable.
CRAFTER III
STRUCTURE
Organs
Art.20.- The principal organs of the Authority shall be the Aesembly, the Council, the
International Seabed Enterprise (ISBE) hereinafter referred to as the Enterprise, and
the Sebretariat.
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
SECTION 1
Tie Assembly
Art. 21.- The Assembly shall be the supreme organ of the International Seabed Authority
and shall consist of all States members the Authority.
Art.22.- The Assembly shall meet in ordinary session annually. Extraordinary sessions
of the Assembly shall be convoked by the Secretary-General at the request of the Council
or of a simple majority of the members.
A simple majority of the members shall constitute a quorum at meetings of the
Assembly. Each State member of the Assembly shall have one Vote.
Decisions of the Assembly shall be taken by a majority of the members present and
votiwg.
Art.23..! The Assembly may discuss and decide on any questions or any matters within
the, scope of the present Convention or relating to the powers and functions of the
A thority as embodied 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 inter alia be empewered:
(a) to elect its President and other Officers;
(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 elections, in
accordance with the terms or Article on the distribution of seats;
(c) to determine its rules of procedure and constitute such subsidiary organe
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 Secretart-GenereI
as well as any special ones which it may receive, including those submitted upon its
own request;
(g) to approve the regulations proposed by the Council relating te the
forthation of contracts and joint ventures with juridical 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;
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
(i) to adopt precise oriteria for the .sharing of benefits as well as approve
annually the plan submitted by the Council on the basis of such criteria;
(j) 6iUestion of the powers ,..nd functions of the Assembly relating to the
EnterprisW.
(k) to decide from time to time which parts of the area are open to
exploration and exploitation, and to establish as may be deemed necessary for the
orderly development of the area and preservation of the marine environment and its
living resources, reserve areas free from exploration and exploitation.
Art.25.- The Assembly shall establish, as an advisory body to the Counoil, a Planning
Commission to draw up plans and make recommendations, as may be necessary, for the
development and use of the area and its resources, including appropriate measures for
the strengthening of the technological capability of developing countries and for
preventing any fluctuation in the prices of raw Materials that may adversely affect the
economy of developing countries.
SECTION 2
COUNCI4
Art. 26.- The Council shall comprise 35 members and Shall meet as often as neoessary
for the performance of its functions.
Art.27.- NeMbers of the Council shall be elected by the Assembly, from the lists
prepared in acoordance with Article.., having due regard to the principle Of equitable
geographical representation.
Art.28.- The members of the Council shall serve for a term of three years and Shall be
eligible for re-election. Elections shall be held every year. The Assembly ahnll
determine, by drawing lots, after the first election, that the mandate of twelve members
shall expire at the end of one year and that of twelve other members at the end of two;
years.
Art.29.- Zeal 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 Council
present and voting. Procedural decisions (including the question as to whether a
particular decision is substantive) shall be made by a simple majority of members of the
Coundil present and voting.
Art. 30.- The Council shall elect its Chairman, three Vice-Chairmen and one Rapporteur
for a term of one year.
The Chairman, or in case of his incapacity, the Vice-Chairman, appointed by him
Shall:
Convene and conduct the meetings of the Council and carry out such other
functions as may be assigned to him by the Coubcil.
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Art 31.- Any Contracting Party not represented on the Council may participate without
vote in the consideration by the Council of any question which is of particular interest
to it.
Axt.32.- The powers and duties of the Council &Ail be to
(a) submit annual reporteto the. Assembly as well as special reports which
it may deem necessary or when requested by the Assembly;
(b) determine itexules of procedure;
(o) propose to the Assembly the establishment of subsidiary organs, as 7."1
be necessary or desirable, and the definition of their duties;
(d) to make.redommendations to the Assembly as to the contribution of member
States;
(e) submit proposed budgets to the Assembly for its approval, and supervise
their execution;
(f) issue regulations pertaining to all activities undertaken in the area,
including those related to the resources thereof, and supervise those activities, in
accordance with such criteria as may be laid down by the Assembly;
(g) submit to the Assembly proposed rules and regulations on the formation of
joint ventures with juridical persons, duly sponsored by States, for the exploration
and exploitation of the resources of the area;
(h) submit to the Assembly the scale of distribution among Contracting Parties
of benefits from activities in toe area;
(i) authorize scientific research in the area;
(j) set rules and standards for the prevention of pollution and contamination
of the marine environment from seabed activities;
(k) adopt, for the benefit of developing countries, measures designed to
attain the aims set forth in Art. 16.
(1) to make recommendations to the Assembly with respect to reserve areas as
provided for in Art. 24.1;
. 5m) (question of the powers and functions of the Council with regard to the
Enterprise)]
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27: CIA-RDP79-01054A000300100001-7
SECTION1
THE ENTERPRISE
Art. 33.- The Enter-rise is the organ of th i1uthority empowered to undertake all
technical, industrial or commercial activities relating to the exploration of the area
and exploitation of its resources (by itself, or in joint ventures with Juridical
persons duly sponsored by States).
Art.34.- The Enterprise shall have an independent legal personality and such legal
capacity as may be necessary for the exercise of its functions and the fulfilment of its
purposes.
Art. 35.- (Questions relating to the structure and functions of the Enterprise).
SECTIaNA
THE 73ECRETA1WT
Art.36.- There sball be a Scretary-General, elected by the Assembly for a term of
five years. The Secretary-General s1-all be the chief administrative officer of the
Authority.
Art.37.- The Secreary-General evil act in that capacity in all meetings of the
Assembly and the Council and shall perform such other duties as are entrusted to him by
these organs. He shall make m annual report to the Assembly on the work of the
Authority.
Art.38.- The Secretary-Genera.: shall act in .11 advisory capacity to the Enterprise.
Art. 39.- The Secretary-General shall be responsible for the distribution of all
Information obtained from scientific research in the area.
Art .40.- The Secretary-General shall draw the attention of the Council to any matter
which in his opinion may require its urgent consideration.
Art.41.- In the performance of their duties the Secretary-General and the staff shnll
not seek or receive instructions from any Government or from any other authority
external to the Authority. They shall refrain from any action which night reflect on
their position as international officials responsible only to the Authority.
Art.42.- Each Member of the Authority undertakes to respect the exclusively inter.
national charaotea, of the responsibilities of the Secretary-General and the staff and
shall not seek to influence them in the discharge of their responsibilities.
Art. 43.- The staff shall be appointed by the Secretary-General under regulations
established by the Assembly.
Approved For Release 2001/04/27: CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Art. 44.-. Appropriate staffs shall be permanently assigned to the Assembly and the
Council, and, as requiredi to other organs of the Authority. These staffs shall form
a part of the Secretariat.
Art.45.- The paramount consideration in the employment of. the staff and in .the
determination of the conditions of service shall be the necessity of securing the
highest standards of efficiency, competence, and integrity. Due regard shall' be paid
to the importance of recruiting the staff on as wide a geographical basis as possible.
CHAPTER IV
SETTLIMENT OF DISPUTES
CHAPTER V
PIRA PROVISIONS
(Questions relating to amendments, ratification, accessions, reservations, entry into
force, etc.)
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
UNITED NATIONS
GEN :FAL
ASSEMBLY
Distr.
LIMITED
A/AC.138/SC.II/L.27
13 July 1973
ENGLISH
Original: SPANISH
COMITTEE ON THE PEACEFUL USES OF TIM
SEA-BED AND THE OCEAN FLOOR BEYOND
THE LIMITS OF NATIONAL JURISDICTION
SUB-COMMITTEE II
DRAFT ARTICLES FOR INCLUSION IN A CONVENTION ON THE LAW OF THE SEA
Working paper submitted by the delegations
of Ecuador:, Panama and Peru
PART I
ADJACENT SEA
Section I - General provisions
Article 1
1. The sovereignty of the coastal State and, consequently, the exercise of its
jurisdiction, shall extend to the sea adjacent to its coast up to a limit not
exceeding a distance of 200 nautical miles measured from the appropriate baselines.
2. The aforesaid sovereignty and jurisdiction shall also
over the adjacent sea, as well as to its bed and subsoil.
Article 2_
It shall be the responsibility of every coastal State
extend to the air space
to fix the limits of the
adjacent sea under its sovereignty and jurisdiction, within the maximum distance
referred to in article f, with due regard to reasonable criteria taking account of
the relevant geographical, geological, ecological, economic
well as of considerations of the preservation of the marine
national security.
Section II - Baselines
... (Provisions on delimitation between States whose coasts
and social factors, as
environment and of
are opposite or
contiguous)
Article 3_
1. The area of sovereignty and jurisdiction of
measured from straight baselines joining the outermost points of the outer islands
and reefs of the archipelago.
an archipelagian State may be
GE . 7 3- 4E3 439
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
h/AC.130/SC.II/L.27
page 2
2. In such cases, the waters enclosed by the baselines shall be considered internal
waters, though vessels of any flag may sail in them, in accordance with the
provisions laid down by the archipelagian State.
SOO (Complementary provisions)
Section III - Navigation regime
Article 4
1. In the sea under tha sovereignty and jurisdiction of the coastal State, vessels
of any flag may sail freely, without restrictions other than those imposed by the
duties of peaceful co-existence 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 shipping.
2. In so far as they are relevant, the provisions of the preceding paragraph shall
also apply to aircraft.
Article 5
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 coast, for the purpose of safeguarding national peace, order
and security.
(Complementary provisions, including passage through straits used for
international nevigation)
;Section IV - Natural resources regime
Article 6
The renewable and non-renewable resources of the sea, and of its bed and
subsoil, within the limits referred to in article I shall be subject to the
sovereignty and jurisdiction of the coastal State.
Article 7
The prospecting and exploration of the adjacent sea, as Well as the exploitation
of its non-renewable 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.
(Complementaisy provisions on natural resources)
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
A/AC.138/SC.II/L.27
page 3
Section V - Pollution control regime
Article .9
It shall be the responsibility of the coastal 'State to establish measures to
prevent,. reduce or eliminate in its adjacent sea any damage or risks arising from
pollution or other effects detrimental or dangerous to the ecological system of the
marine environment, water quality and use, living resources, human health and the
t
di-e-tai-i43444,411a of its population, with due regard to co-operation with other States
and the recommendations of international technical organizations.
... (Complementary provisions on pollution)
Section VI - Scientific research regime
Article 10
1. It shall be for the coastal State to authorize any scientific research
activities that may be conducted in its adjacent zea; the coastal State shall also
have the right to participate in such activities and. to receive 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-operating with other States and international organizations in
disseminating the results of the research.
... (Complementary provisions on scientific research)
Section VII - Regime governing installations
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 - Regional and subregionel regimes
Article 1.3
1. In regions 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 same region or subregion, the former States shall enjoy, in
the seas of the latter States, a preferential regime vis-a-vis third States in
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
A/C.130/SC.II/L.27
page 4
matters relating to the exploitation of renewable resources, the said r6gime to be
determined by r.egional, subregional or bilateral agreements taking into account
the interests of "le respective States.
2. Enjoyment of the preferential regime referred to .in the preceding paragraph
shall be reserved to nationals of the usufructuary States for internal use.
Article 14
The coastal States of a. single region or subregion shall promote such forms
of co-operation and consultation as they consider most appropriate in the legal,
economic, scientific and technical spheres relating to maritime questions.
(Complementary provisions on regional and subregional agreements)
Section TX - Lana-locked countries r4gime
Article 15
I. land-locked States 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 seas adjacent to 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 as 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 an regards entry into and use of ports, iiraccordance with internal
legislation and any relevant agreements 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 regional, subregional or
bilateral agreements taking the interests of the respective States into account.
4*. (Complementary provisions on the r6gime for land-locked countries)
PART II
CONTINENTAL SHELF
*06 (Provisions to be considered for oases in-which the continental shelf extends
beyend the limits referred to in article 1).
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27: CIA-RDP79-01054A000300100001-7A/Ac.138/MII/L.27
page 5
PART III
INTERNATIONAL SEAS
Article 17
The term "international seas" shall denote that part of the sea which is not
subject to the sovereignty and jurisdiction of coastal States.
Article 18
The international seas shall be open to all States, whether coastal or
land-locked, and their use shall be reserved for peaceful purposes.
Article ],9
The following freedoms shall be exercised on the international seas:
(1) freedom of navigation;
(2) freedom of overflight;
(3) freedom to lay submarine Gables 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 down in article 20;
(6) freedom of scientific research, subject to the conditions laid down in
article 23.
These freedoms shall be exercised by any State, with due consideration for
the interests of other States in the exercise of the same freedom.
... (Complementary provisions)
Article 20
1. Fishing and h.uating 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 designed
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)
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
A/AE:it:tr,alv,ed/F/?r2Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
page 6
Article 23
Scientific research in the international seas shall be open to any State and
shall be promoted and facilitated under forms of co-operation and assistance which
permit the participation of all States, irrespective of their level of development
or of whether they are coastal or land-locked.
.. (Complementary provisions on scientific research)
Article 24
The emplacement of artificial islands or any other type of installations apart
ifrom submarine cables or pipelines shall be subject to international regulations.
(Complementary provisions on the international seas)
PART IV
BED AND SUBSOIL OF TAE INTERNATIONAL SEAS
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
UNITED NATIONS
GENERAL
ASSEMBLY
Distr.
LIMITED
A/AC.138/SC.II/L.54
10 August 1973
r-TGLIsH
Original: SPANISH
COMITTET ON THE PEACEFUL USES OF THE SEA-BED AND TEE
OCEAN FLOOR BEYOND THE LIMITS OF NATIONAL JURISDICTION
SUB-COMMITTEE II
DRAFT ArdICLES ON FISEERIES IN NATIONAL AND
INTERNATIONAL ZONES IN OCEAN SPACE
Submitted by the deleaations of Ecuador, Panama and Peru
Note: These draft articles supplement the provisions contained in part I
(articles 6 and 0) - and part III (articles 19, 20 and 21) of the
Draft Articles for Inclusion in a Convention on the Law of the Sea,
submitted in document A/AC.138/SC.II/L.27. They incorporate some
of the concepts contained in proposals of other delegations concerning
fishery regimes.
I. Fisheries in zones of national sovereignty and jurisdiction
Article A
It shall be the responsibility of the coastal State to p.oescribe legal provisions
relating to the management and exploitation of living resources in the maritime zone
under its sovereignty and jurisdiction, primarily for the purposes of ensuring the
conservation and.rational utilization of such resources, the development of its
fishing and related industries and the improvement of the nutritional levels of
peoples.
Article B
The coastal State may reserve the exploitation of living resources in the maritime
zone under its sovereignty and jurisdiction to itself or its nationals, having regard
to the need to promote the efficient utilization of such resources, economic stability
and maximum social benefits.
GE. 73-50806
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
/,/,',01NP-P17;rMilf-str5Felease 2001/04/27 : CIA-RDP79-01054A000300100001-7
page
Article C
Where the coastal State permits nationals of other States to exploit living
resources in the maritime zone under its sovereignty and jurisdiction, it shall
establish conditions for such exploitation, including, inter alia:
(a) obtaining fishing and marine hunting licences and permits through payment of the
corresponding fees;
(b) specifying the species that may be caught;
(c) fixing the age and size of the fish or other resources that may be caught;
(d) establishing prohibited areas for fishing and hunting;
(e) fixing the periods during which the indicated species may be caught;
(f) fixing the maximum size of catches;
(g) limiting the number and tonnage of the vessels and the gear that may be used;
(h) specifying the gear permitted to be used;
(i) 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, or 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 hunting
vessels; if it finds evidence or indications of a breach of the legal provisions of
the coastal State, it shall proceed to apprehend the vessel in question and take it to
port for the corresponding proceedings.
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27: CIA-RDP79-01054A000300100Q917 i/s(; .
page 5
Azticle
Any dispute concerning fishing or hunting activities by foreign-flag vessels
within the rz,one under the sovereignty and jurisdiction of the coastal State shall be
settled by the competent authorities of the coastal State.
(II) Kish.pries .in_intornational seas
Article G
Fishing and marine hunting activities in the international seas shall be
conducted in conformity with the articles of this Convention and with any aksTeements
that are concluded at the world or regional level.
Article .H
I. 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 the land-locked
countries.
2. Such regulations shell establish conditions and methods of fishing and hunting
which prevent the indiscriminate exploitation 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 sea adjacent to the zone under its sovereignty and jurisdiction, and
may reserve to itself or its nationals a part of the permissible catch of such
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 agree among themselves on appropriate regulations for the exploration,
conservation and exploitation of such resources.
Arti_cle.g
States shall ensure that the vessels of their flag comply with the fishing and
hunting regulations applicable in the international seas; and they shall punish
those responsible for any breach that may come to their notice.
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
AAppr9yler4.F.o7B9lpase 2001/04/27 : CIA-RDP79-01054A000300100001-7
page
.4-,TALILLL
Where a. State has good reason to believe that vessels of the flag of another
State have violated fithing and hunting regulations applicable to the international
seas, the former State may request the flag State to ta2:c the necessary steps to
punish those responsible.
Article Ii
Any dispute relating to the interpretation or application of articles G to L of
this Convention and of any international or regional regulations that may be adopted,
or in respect of fishing and hunting activities in the international sea, shall be
submitted to the procedures for peaceful settlement provided for in the Convention.
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.10
15 July 1974
ENGLISH
ORIGINAL: SPANISH
Second Committee
ECUADOR: PROPOSAL ON THE TERRITORIAL SEA
(item 2.1)
ARTICLE 1
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 space.
3. Each State has the right to establish the breadth of its terr-;torial sea up
to a distance not exceeding 200 nautical miles, measured from the applicable baselines.
ARTICLE 2
The coastal State exercises its sovereignty over the territorial sea subject
to the provisions of this Convention.
C-0355
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
UNITED NATIONS
GENERAL
ASSEMBLY
Distr.
?LIMITED
4/AC.138/SC.III/L-45
19 July 1973
ENGLISH
Original: SPANISH
COMMITTEE ON THE ItACEPUL USES OF THE
SEA?MD AND THE OCEAN FLOOR BEYOND THE
LIMITS OF NATIONAL JURISDICTION
SUB?CQHMITTEE III
SGMNTIPIp RESEARCH WITRTN Tao ZONE SUBJECT TO THE-SOVEREIGNTY
AND JURISDICTION OF THE COASTAL STATE
Brazil, Ecuador, El Salvador, Peru and Uruguay:
1. The coastal State shall have the right to bring under regulation scientific
resesrloh activities conducted in the zone subject to its maritime sovereignty and
jurisdiction.
2. Scientific research activities in the zone subject to the maritime sovereignty
and jurisdiction ofthe coastal State shall be conducted for peaceful purposes.
3. The coastal State shall promote, select and facilitate scientific research
activities within the zone subject to its maritime sovereignty and jurisdiction
uith a view to prom?ting the development of science and teohnoloj.y, in order that
the results laay ocrtribute to a better 7.no-...-led.s7e, and to the preservation of the
marine environment and its resources an t.c., a more efficient exploitation of thos?
resources.
4. Stataa, international oroanizations and .nhysical or juridical persons desirinx
to.andertake :scisntifio research activiti2rithin te zoe under the maritL.la
zcvereity ,:=Lscliotion of the coastal State shall apply for 91ad obtain
authorization frsz.. that State and comply vith t',q provisions imposed by it; they
shall specify: (a) the objectives and taalr.s of their research; (b) the means to
13e used; (a) tho scientific staff to be er.ployed; ((3) the monas in which the
activities are to
they shall undertake
of the investiation
conducted; the date proposed for conducting the; and
to trananit to the coastal State the primary data and results
and any samples obtaine0 in the course of it.
5. The coastal State shall have the right to participate in the scientific
research activities conducted within the sone subject to its maritime sovereignty
jurisdiction.
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
A7A0.139/Se. III/L. 45
page 2
6. The scientific research activities in the zone subject to the maritime
sovereignty and jurisdiction of the coastal State shall be conducted in conformity
with the conditions laid down in the relevant authorization. These conditions shail
not be altered by the persons conducting the investigation, except with the express
consent of the coastal State.
7. Scientific research activities shall be so conducted that they do not harm
the marine resources, and that they do not interfere with or obstruct the
exploitation of those resources, navigation or existing services and installations.
S. The coastal State shall co-operate with other States and with the international
organizations concerned in order to disseminate the results of scientific research.
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
UNITED NATIONS
GENERAL
ASSEMBLY
2
OM,
Diotr.
LIMITED
A/AC.138/SC.III/L.47
24 July 1973
ENGLISH
Original: SPANISH
COMMITTEE ON THE PEACEFUL USES OF THE
SEA-BED AND THE OCEAN FLOOR BEYOND
TAO LIMITS OF NATIONAL JURISDICTION
SUB-COMMITTEE III
ECUADOR, EL SALVADOR, PERU AND URUGUAY:
WORKING PAPER
PRESERVATION OF THE MARINE ENVIRONMERT
1. All States have a legitimate interest in preventing and controlling pollution of
the seas in defence of the marine environment and of the health and other interests
of their inhabitants.
DUTIES OF STATES
2. States shall include in their national laws the provisions necessary to prevent
and combat marine pollution, taking into account the interests of their inhabitants.
and the level of development which they have attained.
3. Every State undertakes to adopt and make known in good time within the limits
of its capabilities, the measures necessary to prevent pollution of the seas through
the introduction of substances, materials o7' energy which may -onstitute a danger to
human health, harm living resources, create obstacles to activities carried on at
sea, including fishing, be detrimental to the quality of the water and its possible
use, impair the quality of marine fishing products or affect conditions for the
recreation and other interests of its inhabitants.
4. States shall promOte scientific research with a view to establishing the effects
of pollution on the marine environment, including long-term consequences that may
affect future generations.
5. States shall support the execution of international programmes for the
monitoring, measurement, analysis, evaluation and control of pollution in the marine
environment.
GE.73 -49318
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Oeil;115rii1M Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
pace 2
3
6. States shall promote the free exchaftge of up-to-date information and eXperienCe
on pollution of the marine environment', making them available to other States, in
goOd time and on terms favourable to the dissemination of scientific and technical
knowlodce of the subject.
7. States shall be responsible for any damaee caused to the marine environment of
other States or to the international sea by discharges from their territory, waters
subject to their sovereignty and jurisdiction and vessels flying their flag.
RIGHTS OF THE COASTAL STATE
8. It is for the coastal State to enact the provisions necessary for the
preservation of the marine environment within the limits of its sovereignty and
national jurisdiction and to adopt the most appronriatemasures to protect the
-quality of the water and to control pollution hazards, taking into account, where
relevant, the needs of co-operation with other States and the recommendations of
international technical bodies.
9. Any coastal State which is confronted by a serious or imminent danger of
pollution, or the threat of pollution, arisine from an incident or from acts relating
to an incident in areas situated beyond the limits of its sovereignty and national
jurisdiction may take the measures necessary to prevent, mitigate or. eliminate that
dancer.
EWER-NATIONAL CO-OPERATION
10. States shall promote the establishment of regional machinery, in -which the
countries situated within a geographical area of similar characteristics and with
common interests are represented, to centralize and co-ordinate at that level the
various aspects of the protection and preservation of the marine environment.
U. States Shall co-operate among themselves and with the competent international
organizations in preparing end applying rules, stan
protect and preserve the marine environment beyond
sovereignty and jurisdiction.
12. States shall assist one another in any action
irrespective of the origin of such pollution.
13. An international body shall be established to
dards and procedures designed to
the areas subject to their
taken against marine pollution,
centralize and co-ordinate all
information relating to the protection, preservation and control of marine pollution
and to promote international co-operation.
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
IVAC.138/Sc.in/L.47 4
page 3
This body shall: (a) establish a system of watchkeeping, monitoring, measurement
analysis and evaluation, at the world level, in all matters relating to the
protection, prevention and control of marine pollution in areas not subject to the
sovereignty and jurisdiction of coastal States; (b) recommend in good time any
measures that should be adopted for the prevention, control and elimination of
marine pollution; (c) publish an atlas of marine pollution containing such
information as may be available on hydrobiological species existing in marine areas
affected by short-term pollution, and maps and charts indicating the chief
oceanographic characteristics of the various areas, ouch as currents, winds, rocks,
etc.; (1) issue annual reports announcing the results of surveys and evaluations
concerning the main aspects of marine pollution and concerning systems and measures
for combating it; (e) promote the conclusion of international agreements at the
world and regional levels on scientific, technical and legal matters relating to
pollution of the marine environment; (f) keep up to date the schedule of
pollutants referred to in paragraph 14.
CO1P4TENTARY syANDApps AND HEASURES
14. An international .ban shall be placed on the discharge into the sea of waste
containing substances, materials or energy whose toxic pffects on the marine
environment are duly proven and which appear in the annexed schedule No. 1.
15. The coastal State shall prohibit the discharge into waters subject to its
sovereignty and jurisdiction of waste containing substances, materials or energy
whose toxic effects on the marine environment are duly proven and which appear
in the annexed schedule No. 2; save in special circumstances, in which the specific
permission of that State shall be required.
16. States shall apply penalties for the discharge of waste by their nationals into
the international sea or by any person in areas subject to their sovereignty and
jurisdiction.
17. States shall supply the international body with statistics on the production
and use of toxic or dangerous substances which may constitute pollutants of the
marine environment, especially if they are persistent.
18. States shall for statistical purposes communicate to the international body,
in accordance with an established procedure, particulars of the nature and volume
of the substances and materials for whose discharge they have given permission,
together with the dates, places and the methods used.
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
OC.138/SC.111/L.47
Page 4
5
19. Ships shall be under an obligation to transmit to the competent authority of the
coastal State all possible information concerning any incident or action which
arouses suspicion that the marine environment is being polluted in the waters subject
to its sovereignty, and jurisdiction.
20. Ships shall be under the same obligation to the international body to be
established, in th,1 case of incidents or a^tions occurring in the international sea,
21. States shall continuously evaluate the state of pollution in their waters with
a view to determining the degree of such pollution, the pollutants- that exist and
the distribution and possible sources thereof.
22. States shall adopt suitable systems of monitoring, measurement, evaluation,
analysis and control of the consequences of pollution in the marine environment,
taking into account for that purpose the applicability, in each case, of
internationally recognized provisions.
23. States shall lay down standards of water quality concerning the uses of water
and the areas where it is located, taking into account the different geographical,
ecological, social and economic conditions prevailing in each region.
24. Yeasures taken by the coastal State to protect and preserve the marine
environment from pollution shall not be such as to transfer the effects of such
pollution from one area to another.
meMa=1.y?
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
UNITED NATIONS
GENERAL
ASSEMBLY
Distr.
LIMITED
A/AC.138/SC.III/L.47/Corra
26 July 1973
ENGLISH
Original: SPANISH
caner= Off THE PEACEFUL USES OF THE
MA-BED AND THE OCEAN FLOOR BEYOND
THE LIMITS CT NATIONAL JURISDICTION
SUB-COMMITM4 III
ECUADOR, EL SALVADOR, PANAMA, PERU AND URUGUAY:
PRESERVATION OF TEE MARINE ENVIRONMENT
Working paper
Corrigendum
1. The title of document A/AC.13S/SC.III/L.47 Should read as above.
2. Paragraph 6 Should read as follows:
"States Shall promote the free exchange of up-to-date information and experience on
pollution of the marine environment, making them available to other States, in good
time and on terms which will encourage the dissemination of scientific and technical
knowledge of the subject".
3. Paragraph 13 (c) should read as follow:
"(c) publish an atlas of marine Pollution containing such information as
may be available on hydrobiological specie existing in Polluted marine areas and in
those which may become polluted in the near future, and maps and charts indicatim:
the chief oceanograpnic characteristics of toe various areas, such as currents, wins
rocks, etc.;"
4. In paragraph 14, replace the word "toxic" by the word "harmful".
5. (Hot applicable to the English text).
6. In paragraph 23, first line, replace the word "concerning" by the words
"according to".
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
THIRD COMMITTEE
Distr.
LIMITED
A/CONF.62/C.3/L.12
22 August 1974
ORIGINAL: ENGLISH
Brazil, ESIAIIILLJWEILLEERRI223212alka92.221_Nigeria, Oman,
Pakistan, Peru, Senegal, Somalia, Sri Lanka, Trinidad and
Tobago, Tunisia, Uruguay, Venezuela and Xmgpslavia: draft
articles on the development and transfer of technology
Article 1
1. Al]. States shall actively promote the development or the scientific and
technological capacity of developing States with regard to the exploration, exploitation,
conservation and management of marine resources, the preservation of the marine
environment and the legitimate uses of ocean space, with a view to accelerating their
social and economic development.
2. To this end, States shall, inter alia, either
international organizations:
(a) promote the acquisition, development and
and technological knowledge;
directly or through appropriate
dissemination of marine scientific
(b) facilitate the transfer of technology, including know-how and patented
non-patented technology;
(c)
and
promote the development of human resources and the training of personnel,
(d) facilitate access to scientific and technological information and data
(e) promote international co-operation at all levels, particularly at the
regional, subregional and bilateral levels.
3. In order to achieve the above-mentioned objectives and taking into account the
interests, special needs and conditions of developing States, States shall inter.alis:
(a)
all kinds of marine technology to developing States;
(b) conclude agreements, contracts and other similar arrangements, under
equitable and reasonable conditions;
establish programmes of technical assistance for the effective transfer of
(c) hold conferences, meetings and seminars on appropriate scientific and
technological subjects,
C-1628
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
ApRi6thocl&K.IpLe2e 2001/04/27 : CIA-RDP79-01054A000300100001-7
English
Page 2
(d) promote the exchange of scientists, technologists and other experts:
(e) undertake projects, including joint-ventures, mixed enterprises and other
forms of bilateral and multilateral co-operation.
Article 2
1. All States are under a duty to co-operate actively with the 'Authority" to
encourage and facilitate the transfer of skills in marine scientific activities and
related technology to developing States and their nationals.
Article 3
The "Authority' shall, within its competence, ensure:
(1) that adequate provisions are made in its legal arrangements with juridical
and natural persons engaged in marine scientific activities, the exploration of the
international Area, the exploitation of its resources and related activities to take
on under training as members of the managerial, scientific and technical staff
constituted for these purposes, nationals of developing States whether coastal,
land-locked or otherwise geographically disadvantaged, on an equitable geographical
distribution.
(2) that all blueprints and patents of the equipment, machinery, devices and
processes used in the exploration of the international Area, the exploitation of its
resources and related activities be Aade available to all developing States upon
request.
(3) that adequate provisions are made by it to facilitate the acquisition by any
developing State, or its nationals, of the necessary skills and know-how including
professional training in any undertaking by the Authority for exploration of the
international :sea, exploitatiori of its resources and related activities.
(4) that a Special Fund is established to assist developing States in the
acquisition of necessary equipment, processes, plant and other technical know-how
required for the exploration and exploitation of their marine resources.
Articls 4
1. States shall promote the establishment in developing States of regional marine
scientific and technological research centres, in co-ordination with the Authority,
international organizations and national marine scientific and technological
institutions.
2. The functions of such Regional Scientific and Technological Research Centres
shall include, inter alia:
(a) training and educational programmes at all levels on various aspects of
marine scientific and technological research, particularly marine biology, including
conservation and management of living resources, oceanography, hydrography,
engineering, geology, sea-bed mining and desalination technologies;
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7A/00NP'.62/C.3/L.12
English
Page 3
(b) management studies;
(c) study programmes related to the preservation of the marine environment and
the control of pollution;
(d) organization of regional seminars, conferences and symposia*,
(e) acquisition and processing of marine scientific and technological dato!jand
information, in order to serve as regional data centres;
(f) prompt dissemination of results of marine scientific and technological
research in readily available publications;
(g) serving as a repository of marine technologies for the States of the region
covering both patented and non-patented technologies and know-how; and
(h) technical assistance to the countries of the region.
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7A/00NP'.62/C.3/L.12
English
Page 3
(b) management studies;
(c) study programmes related to the preservation of the marine environment and
the control of pollution;
(d) organization of regional seminars, conferences and symposia*,
(e) acquisition and processing of marine scientific and technological dato!jand
information, in order to serve as regional data centres;
(f) prompt dissemination of results of marine scientific and technological
research in readily available publications;
(g) serving as a repository of marine technologies for the States of the region
covering both patented and non-patented technologies and know-how; and
(h) technical assistance to the countries of the region.
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
?,,
90
120
60
!)
,
THEORETICAL DIVISION
OF THE SEABED
Seabed less than 200 meters
(656 feet) deep
?Continental platform deeper
than 200 meters; plateaus,
or slopes steeper than 1:40
te: Continental rise, with slopes
&Liu flatter than 1:40 and steeper
than 1:1000 (outer edge
approximates the seaward /
limit of the continental margin) /
//f,
-Lt
150
180
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
/
3
-
II.4.,.,,,
,,-1 ' ?. ' ?,-,, r",1
, 7
.5.
?
Area beyond 200 nautical
mile seabed jurisdiction
Equidistant division of the
seabed (to 200 nm or edge
of the continental margin)
MONGOLIA ?S
PEOPLES REPUBLIC OF CHINA
h INLAND
NORWAY swEDi::t\1
1 - - -1,
OCR,
7FED ' gP1 POLAND
,
!
'G.'', REP I REP .,,a,, ?2 \
2 '1,1k. OF '71 CZS'EC17, \"...M.,,) , ,..........
L.' " GER
i
FRANCE "......ROMANIA t 1111110f
,
,?,;;' ? \ ,........
UGOSLAVIA1,....,,,,-??.,,,
4LILGAR I:, 411/0/416'
?.1,...,...,:r.A....
4PIP
30
60
UNION OF SOVIET SOCIALIST REPUBLICS
I ! 4 PEOPLES REI.UBLIC
I OF CHIltIA
r AFGHANISTAN
IRAN
,
x?-?
IALGERIA
LIBYA EGVP"r_
INDIA
MEXICO
AUSTRALIA
AUSTRALIA -
ADOR
,
(
PERU s)
SAUDI ARABIA
MAURITANIA ,
\
j REIUBLIC
7,
H A:RN, CAN
RA4: UD
NIGERIAVol IVORHA AN
,::
ETHIOPIA 7
V M A I. I A;
A ANT
-
CAMEROOtIvei ?
H:rO: ?Ssi
/
COAST 1
/ ? KENYA
11,3,EP
30
H 1 1
BURMA
N (NON
ALFA - tiLALD,
MALDIVES
,
E UATORI
30
?
- k4-
FRANWE
-e
UNITED-- CHILE
KINGDOM - di t?-
III-
CHILE
ANGOLA
"r-SOLT HERO/
ZAMBIA
ETA
SOUTH- N,m
WEST
FRICA
SOUTH e`
A STRAL9
_
30
?
FRANCE
AUSTRALIA
W ZEALAND
150
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
Apprmved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7
secret
Secret
Approved For Release 2001/04/27 : CIA-RDP79-01054A000300100001-7