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Materials United States. Congress. Senate. Committee on Inte.

Status report on law of the sea conference : Hearing before the Subcommittee on Minerals, Materials and Fuels of the Committee on Interior and Insular Affairs, United States Senate, Ninety-fourth congress, first session (Volume pt. 4) online

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Online LibraryMaterials United States. Congress. Senate. Committee on InteStatus report on law of the sea conference : Hearing before the Subcommittee on Minerals, Materials and Fuels of the Committee on Interior and Insular Affairs, United States Senate, Ninety-fourth congress, first session (Volume pt. 4) → online text (page 8 of 14)
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States should be protected. The security interests of the strait State can
be protected, for example, by limiting the right of transit to a contin-
uous and expeditious movement through and over the strait, with an ac-
companying prohibition against threats or use of force contrary to the
Charter of the United Nations [Hearings at 886-887].

The interest of the strait State in the safety of navigation can
be furthered, in the United States view, by requiring transiting vessels
and aircraft to comply with applicable international safety regulations.
Moreover, the strait State should be allowed to propose traffic separa-
tion schemes where necessary to promote the safe passage of ships. These
schemes would go into effect after approval by a competent international
organization [Hearings at 887].

Finally, the concern of the strait State relating to pollu-
tion may be met by requiring transiting vessels to comply with accept-
ed international regulations and by permitting the strait State to enforce
against violations of internationally approved traffic separation schemes.
Where damage occurs in spite of safety and pollution measures, there
should be adequate provisions for compensation [Hearings at 887-888],



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The United States has indicated that the freedom of transit
of international straits must extend to aircraft as well as to ships. While
all aircraft, both civil and State, presently enjoy a right of overflight
above high seas areas, this situation would be altered in many straits
with an extension of the territorial sea to twelve miles. Reliance upon
the Chicago Convention for the protection of overflight rights of straits
which would be overlapped by a twelve mile territorial sea would be in-
sufficient since not all States are parties to the Convention, the Conven-
tion itself permits certain exceptions to unrestricted overflight of terri-
torial waters, and State aircraft are not covered by the Convention's pro-
visions [Hearings at 888-889].

III. ECONOMIC ZONE
Negotiating Text

A. Economic Zone Defined

The Negotiating Text recognizes an ocean area beyond
and adjacent to the territorial sea known as the exclusive economic zone.
This zone is not to extend beyond 200 nautical miles from the baseline
from which the breadth of the territorial sea is measured [Arts. 45(1)
and 46].



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B. Rights of Coastal State in the Economic Zone

In the exclusive economic zone the coastal State enjoys
certain rights such as "sovereign rights" for purposes of exploring, ex-
ploiting, conserving and managing the natural resources (whether renew-
able or nonrenewable) of the seabed and subsoil and the superjacent waters;
"exclusive rights and jurisdiction" with regard to the establishment and
use of artificial islands, installations and structures; "exclusive juris-
diction" regarding other activities for the economic exploitation and ex-
ploration of the zone, including the production of energy from the water,
currents and winds, and scientific research; and "jurisdiction" regarding
the preservation of the marine environment including pollution control
and abatement [Art. 45(1)]. In general, all States enjoy the freedoms
of navigation and overflight and other internationally lawful uses of the
sea relating to navigation and communication in the exclusive economic
zone of the coastal State [Art. 47(1)].

C. Artificial Islands, etc.

T he coastal State has the exclusive right to construct
and to authorize and regulate the construction, operation and use of ar-
tificial islands, installations, and structures in the exclusive economic
zone. The coastal State may also establish necessary safety zones a-
round these structures, taking into account applicable international stand-
ards. Ships of all nationalities are to respect these safety zones [Art.
48].



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D. Scientific Research

Scientific research in the exclusive economic zone must
receive the approval of the coastal State. Such approval is not to be with-
held if the request for scientific research is submitted by a qualified in-
stitution. The coastal State retains the right, however, to participate
or to be represented in the research. The results of the research are
to be published after consultation with the coastal State [Art. 49],

E. Conservation of Living Resources

The coastal State is to determine the allowable catch of
living resources in its exclusive economic zone. Further, it is to take
proper conservation and management measures so as to avoid over-ex-
ploitation and to maintain or restore harvested species at levels which
can produce the maximum sustainable yield, subject to relevant environ-
mental and economic considerations[Art. 50].

F. Optimum Utilization of Living Resources

Without prejudice to the foregoing, the coastal State
is to promote the optimum utilization of the living resources in the zone.
Where the coastal State lacks the capacity to harvest the entire allow-
able catch, other States are to be given access to the surplus through
agreements, subject to several considerations including 1) the signifi-
cance of the renewable resources of the area to the economy of the coast-
al State and to its other national interests; 2) the rights of land-locked



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States and developing States who are especially dependent or who can claim
no exclusive economic zone of their own; 3) the requirements of develop-
ing States in harvesting part of the surplus; and 4) the need to minimize
economic dislocation in States whose nationals have habitually fished in
the zone [Art. 51(1-3)]. Specific regulations which the coastal State may
promulgate in the exclusive economic zone, and with which foreign fish-
ing vessels must comply, include inter alia the following [Art. 51(4)]:

1. licensing of fishermen, vessels, and equipment.

2. determining the species which can be caught and
fixing catch quotas.

3. regulating seasons and areas of fishing; the types,
sizes and amount of gear; and the numbers, sizes,
and types of fishing vessels that may be used.

4. specifying information which fishing vessels must
furnish, such as catch and effort statistics and
vessel position reports.

5. requiring and regulating specific fisheries re-
search programs and the placing of observors or
trainees on board research vessels.

G. Highly Migratory Species

With regard to highly migratory fish species the coastal
State shall, in addition to taking the measures already noted, cooperate
with other States, either directly or through international organizations,
to ensure Conservation and to promote the optimum utilization of the spe-
cies both within and beyond the exclusive economic zone. Nothing in the
proposed Convention is to be construed, however, to restrict the right
of a coastal State or international organization to prohibit, regulate and
limit the exploitation of marine mammals [Art. 53],



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H. Anadromous Species

Coastal States in whose rivers anadromous stocks ori-
ginate are given the "primary interest in and responsibility for" these
stocks. The State of origin is to ensure conservation of this species
by promulgating appropriate regulations within the exclusive economic
zone and may, in consultation with other States who fish the same stock,
establish total allowable catches for stocks originating in its rivers.
The State of origin shall cooperate in minimizing economic dislocation
in other States fishing for the same stocks and shall give special con-
sideration to such States. For anadromous stocks beyond the exclusive
economic zone, the State of origin and other concerned States are to
cooperate by agreement for purposes of enforcing regulations. Where
anadromous stocks migrate into or through the exclusive economic zone
of a State other than the State of origin, the former has an obligation to
cooperate with the State of origin regarding conservation and management
measures [Art. 54].

I. Rights of Land -Locked and Other Special States

Land-locked States have the right to participate in the
exploitation of the living resources of the exclusive economic zones of
adjoining States on an equitable basis. The conditions of such partici-
pation are to be determined by agreement among the States concerned.
If the land-locked State is a developed country, its exploitation rights may
be exercised only within the exclusive economic zones of neighbor-
ing developed coastal nations [Art. 57]. Developing coastal States,



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whose nutritional needs are particularly dependent upon exploitation of
the exclusive economic zones of neighboring States, or who can not claim
an exclusive economic zone of their own, have the right in accordance
with appropriate agreements, to participate in the exploitation of the ex-
clusive economic zones of other States in the region or subregion [Art.
58].

J. Enforcement

Pursuant to its exercise of sovereign rights to explore,
exploit, conserve and manage the living resources of the exclusive eco-
nomic zone, the coastal State is entitled to certain enforcement rights
to insure compliance with the laws and regulations it adopts in accor-
dance with the Convention. Valid enforcement measures include board-
ing, inspection, arrest and judicial proceedings. The right of the coast-
al State to take these enforcement measures, however, is subject to the
conditions that 1) arrested vessels and their crew are to be promptly
released upon the posting of reasonable bond or other security; 2) in
the absence of agreement to the contrary, penalties for violations of the
coastal State's fisheries regulations in the exclusive economic zone may
not include imprisonment or any other form of corporal punishment, 3)
the State of registry is to be promptly notified where one of its vessels
has been arrested or detained by the coastal State. [Art. 60],



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United States Position

A. Economic Zone Defined

The United States proposal recognizes an area beyond
and adjacent to the territorial sea of a coastal State known as the econo-
mic zone, the outer limit of which is not to exceed 200 nautical miles
from the baselines used for measuring the territorial sea [Arts. 1 and 2],

B. Rights of Coastal State in the Economic Zone

In the economic zone, the coastal State exercises juris-
diction, sovereignty, and exclusive rights as set forth more specifical-
ly below, for purposes of exploring and exploiting the renewable and non-
renewable natural resources of the seabed, subsoil, and superjacent
waters. The coastal State also exercises other rights and duties in the
economic zone relating to preservation and protection of the marine en-
vironment and the conduct of scientific research [Art. 1], In general,
the rights of freedom of navigation, overflight, and other rights recogniz-
ed by the general principles of international law are maintained in the
economic zone [Art. 7].

C. Artificial Islands, etc.

The coastal State has the exclusive right to authorize
and regulate the construction, operation and use of artificial islands and
installations relating to the exploration and exploitation of natural re-
sources or to other economic purposes in its economic zone. Where
necessary, reasonable safety zones around such installations may also
be established by the coastal state in conformity with applicable inter-
national standards [Arts. 3 and 28].



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D. Scientific Research

Scientific research in the economic zone is subject to
the following rights of the coastal State: (a) advance notification of the
proposed research, including a detailed description of the research pro-
ject; (b) a right of the coastal State to participate directly or through
an international organization of its choice; (c) sharing of all data and
samples with the coastal State; (d) assistance to the coastal State in in-
terpreting the results of the research project in a manner that is rele-
vant to the coastal State; (e) publication as soon as possible of the signi-
ficant research results in an open, readily available scientific publication;
(f) compliance with all applicable international environmental standards;
and (g) flag state certification that the research will be conducted in ac-
cordance with the treaty by a qualified institution with a view to purely
scientific research [Hearings at 883].

E. Conservation of Living Resources

In general, the coastal State exercises exclusive rights
for the purpose of regulating fishing within its economic zone [Art. 11].
In ensuring the conservation of the renewable resources within its econo-
mic zone, the coastal State shall establish the allowable catch and take
those measures which are designed to maintain or restore harvested
species at levels which can produce the maximum sustainable yield, tak-
ing into account relevant environmental and economic factors. Conser-
vation measures and their implementation are to be nondiscriminatory
[Art. 12].



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F. Optimum Utilization of Living Resources

The coastal State is. also to ensure the full utilization
of the renewable resources within the economic zone. Where these re-
sources are not fully utilized by the nationals of a coastal State, the na-
tionals of other States are permitted to fish for that portion of the allow-
able catch not fully utilized, subject to conservation measures adopted
by the coastal State and to the following priorities: (a) States that have
normally fished for a resource, subject to the extent of fishing by such
States and the necessity to reduce such fishing in order to increase the
harvesting capacity of the coastal State; (b) States in the region, especial-
ly land-locked States and States with limited access to living resources
off their coast; (c) all other States [Art. 13].

G. Highly Migratory Species

Fishing for highly migratory species is to be regulated
by the coastal State within the economic zone. Beyond the economic zone
regulation is by the State of nationality of the vessel pursuant to regula-
tions established by an appropriate international or regional fishing or-
ganization. The organization is to establish the allowable catch and other
conservation measures in accordance with the rights enjoyed by the coast-
al State under Article 12 supra , concerning the conservation of renewable
resources in the economic zone. Article 12 does specify, however, that
the coastal State, in determining the allowable catch and other conser-
vation measures in its economic zone, is to take account of generally



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agreed global and regional minimum standards. The allocation regula-
tions of the organization are to be designed for full utilization of the
allowable catch and equitable sharing by member States. Such regu-
lations are to take into account the special interests of the coastal State
within whose zone the highly migratory species are caught and to mini-
mize adverse economic consequences in a State or region.

The coastal State is to receive reasonable fees for high-
ly migratory fish caught by foreign vessels in its economic zone [Art.
19]. Nothing in the proposals relating to full utilization is to be construed
to prevent a coastal State or international organization from prohibiting
the exploitation of marine mammals [Art. 20],

H. Anadromous Species

Fishing for anadromous species seaward of the terri-
torial sea, whether within or beyond the economic zone, is prohibited ex-
cept as authorized by the State of origin in accordance with Article 12
and 13, supra. Where anadromous species migrate through the internal
waters or territorial sea of another State, that State has an obligation
to cooperate with the State of origin in the conservation and utilization
of the species [Art. 18].

I. Rights of Land-Locked and Other Special States

Land-locked States are privileged to fish in the neigh-
boring area of the economic zone of the adjoining coastal State on the basis
of equality with the nationals of the latter and in accordance with agree-
ment between the States concerned [Art. 15]. On the basis of recipiocity,



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CRS-14

long and mutually recognized usage, or economic dependence, neighbor-
ing coastal States may allow each others' nationals the right to fish in
a specified area of their respective economic zones [Art. 14]. An inter-
national register of independent fisheries experts under the auspices of
the Food and Agricultural Organization of the United Nations is to be es-
tablished so that any developing State desiring assistance may select
such experts to serve as fishery management advisers [Art. 17],

J. Enforcement

The coastal State's enforcement authority with respect
to its laws and regulations includes the power to inspect and arrest both
1 ) within the economic zone in the case of renewable natural resources
and 2) seaward of the economic zone in the case of anadromous species.
Where, however, the State of nationality of a vessel has effective pro-
cedures for punishing vessels fishing in violation of the laws and regu-
lations of the coastal State, the vessels are to be delivered promptly
to the State of nationality for legal proceedings. The coastal State, pend-
ing disposition of the case, may prohibit the foreign vessel from fish-
ing in its economic zone. Within six months after the vessel has been
delivered to the State of nationality, the coastal State is entitled to notice
concerning the disposition of the case.



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CRS-15

The coastal State may inspect and arrest foreign ves-
sels in the economic zone for violating the regulations adopted by in-
ternational organizations. The procedures for arrest and inspection by
the coastal State for violations of the regulations of the international or-
ganization beyond the economic zone are to be established by the organi-
zation. In general, arrested vessels and their crew are to be released
upon the posting of reasonable bond or other security. Only the State
of nationality of the vessel may impose imprisonment or other forms of
corporal punishment for fishing violations [Art. 21].

IV. CONTINENTAL SHELF
Negotiating Text

The continental shelf of a coastal State is deemed to com-
prise the seabed and subsoil of the submarine areas that extend beyond
its territorial sea throughout the natural prolongation of its land terri-
tory to the outer edge of the continental margin. Alternately, the con-
tinental shelf may extend to a distance of 200 nautical miles from the
baselines from which the breadth of the territorial sea is measured where
the outer edge of the continental margin does not extend up to that dis-
tance [Art. 62].

The coastal State exercises sovereign rights over its contin-
ental shelf for purposes of exploring and exploiting the natural resources
thereof. These sovereign rights are exclusive in that if the coastal State



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CRS-16

does not actually explore or exploit the natural resources of its contin-
tental shelf, no one else may undertake these activities without the con-
sent of the coastal State. The natural resources which may be the sub-
ject of exploration and exploitation consist of the mineral and other non-
living resources of the seabed and subsoil and living organisms belonging
to the sedentary species [Art. 63]. The rights of the coastal State over
its continental shelf do not affect the legal status of the superjacent waters
or the airspace above those waters [Art. 64],

All States are entitled to lay submarine cables and pipelines
on the continental shelf. The coastal State may not impede the laying
or maintainance of such cables or pipelines, but it may take reasonable
measures regarding the exploration and exploitation of the continental
shelf and the prevention of pollution from the pipelines. Moreover, the
delineation of the course for the laying of pipelines is subject to the
consent of the coastal State. The coastal State also retains the right to
establish conditions for cables and pipelines entering its territory or
territorial sea as well as jurisdiction with regard to cables and pipelines
constructed or used for the exploration and exploitation of the contin-
tental shelf [Art. 65]. The exclusive right of the coastal State to con-
struct and to authorize and regulate the construction, operation, and use
of artificial islands, installations, and structures in its exclusive econo-
mic zone applies mutatis mutandis to artificial islands, installations,



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CRS-17
and structures on the continental shelf [Art. 66]. The coastal State has
the exclusive right to authorize and regulate drilling on the con-
tinental shelf for all purposes [Art. 67].

The coastal State is to make payments or contributions to the
International Authority at a specified percentage of the value or volume
of production for exploitation of the non-living resources of the continental
shelf beyond the 200 nautical mile limit specified in Art. 62, supra .
The extent to which developing nations are obliged to make payments and
contributions shall be determined by the International Authority. Dis-
tribution of the payments and contributions received by the Authority is
to be on the basis of equitable sharing criteria, taking into account the
and needs of developing nations [Art. 69].

The requirement of coastal State consent for scientific re-
search undertaken in the exclusive economic zone applies mutatis mutandis
to research concerning its continental shelf.

United States Position

The continental shelf of a coastal State is deemed to com-
prise the seabed and subsoil of the submarine areas adjacent to and be-
yond the territorial sea to the limit of the economic zone (i. e. 200 nau-
tical miles). Beyond this limit, the continental shelf includes the sub-
merged natural prolongation of the land territory of the coastal State to
the outer limit of its continental margin [Art. 22]. The United States
has indicated that provisions are needed for locating and defining the pre-
cise limit of the continental margin and to provide for a precise and per-
manent boundary between coastal State jurisdiction and the international
seabed area [Art. 23].



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The coastal State exercises sovereign rights over the con-
tinental shelf for the purpose of exploring and exploiting its natural re-
sources [Art. 22]. The natural resources which may be the subject of
exploration and exploitation consist of the mineral and other non-living
resources of the seabed and subsoil and living organisms belonging to
the sedentary species [Art. 24]. The rights of the coastal State over the
continental shelf do not affect the legal status of the superjacent waters
or the airspace above those waters [Art. 45]. Those provisions of the
Convention regarding the economic zone apply mutatis mutandis to the
seabed and subsoil of the continental shelf [Art. 26].

The coastal State has the exclusive right to authorize and re-
gulate the construction, operation, and use of artificial islands and in-
stallations for the purpose of exploration and exploitation of natural re-
sources or other economic purposes on the continental shelf. These ex-
clusive rights also extend to any installation which may interfere with the
exercise of the rights of the coastal State. T he coastal State may also
establish necessary and reasonable safety zones around these off-shore
installations [Art. 28]. Although the laying or maintenance of sub-
marine cables or pipelines on the continental shelf is not to be impeded,
this is subject to the right of the coastal State to take reasonable mea-
sures for the exploration and exploitation of the natural resources of the
continental shelf. The jurisdiction of the coastal State over cables and
pipelines which are constructed or used for the exploration or exploita-
tion of its continental shelf, or which enter its territory or territorial
sea, remains unaffected [Art. 29].



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With regard to the non-renewable resources of the continen-
tal shelf, the coastal State is to comply with pre-existing legal arrange-
ments which it has made with other contracting States, or their instru-
mentalities or nationals, concerning the exploration and exploitation of
such resources. The property of these State or private entities is not
to be taken except for a public purpose on a non-discriminatory basis and
with adequate provisions at the time for prompt payment of just compen-
sation in an effectively realizable form [Art. 27(1)]. The coastal State
is also to make payments for exploitation of non-renewable resources
seaward of the territorial sea or the 200 -meter isobath, whichever is


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Online LibraryMaterials United States. Congress. Senate. Committee on InteStatus report on law of the sea conference : Hearing before the Subcommittee on Minerals, Materials and Fuels of the Committee on Interior and Insular Affairs, United States Senate, Ninety-fourth congress, first session (Volume pt. 4) → online text (page 8 of 14)
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