LAW OF THE SEA COUNTRY STUDY DENMARK

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-01054A000300020001-6
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 64
• Document Creation Date: December 9, 2016
• Document Release Date: March 28, 2001
• Sequence Number: 1
• Publication Date: January 1, 1975
• Content Type: STUDY

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Secret
No Foreign Dissem
Law of the Sea Country Study
Denmark
Secret
GCR LOS 75-3
January 1975
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NATIONAL SECURITY INFORMATION
Unauthorized Disclosure Subject to Criminal Sanctions
Classified by 019641
Exempt from General Declassification Schedule
of E.O. 11652, exemption category:
? 58(1), (2), and (3)
Automatically declassified-on:
date impossible to determine
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No Foreign Dissent
The Law of the Sea Country Studies are prepared to support
the NSC Interagency Task Force on the Law of the Sea. The
countries to be included in the series are selected on the
basis of priorities suggested by the chairman of the Task
Force.
Each study has two parts. Part I is an analysis of the
primary geographic, economic, and political factors that
might influence the country's law of the sea licy, the
public and private expressions of that policy,
involved. Part prove es
a a and information bearing on law of the sea matters.
This study was prepared b the office of Geographic
and Cartographic Research. was provided by
the Central Reference Service. e s u y 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.
SECRET
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No Foreitin Dissent
CONTENTS
Part I - Law of the Sea Analysis
Summary .................................................... 1
Factors influencing LOS Policy ...................... 2
Law of the Sea Policy ............................ 5
Key Policy Makers, LOS Negotiators and Advisers ............ 17
Part II - Background Information
Basic Data ............................................ . . . . . . 26
Conventions ........................................ 28
Membership in Organizations Related to LOS Interests ....... 28
Present Ocean Claims ....................................... 32
Action on Significant UN Resolutions ....................... 34
UN LOS draft articles submitted by Denmark
Maps: Regional map
Denmark
Greenland
Theoretical Division of the World Seabed
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No Foreign Discern
Part I - Law of the Sea Analysis
A. SUMMARY
participant in the United Nations UK 01
Conference on the Law of the Sea. RE EO E POI
EP GE
OP CZE C N
I t feels that most, if not all, of GER
its marine activities are already PRANCE
sanctioned by existing agreements
NORW Av
and treaties, or by customary inter-
national law. The Danes feel that
new Law of the Sea (LOS) rules ought mop.
CCo
to be based on the existing Geneva ALGERIA 7 L16YA
Conventions. These conventions, they
state, represent a generally accepted balance of differing
interests and do not need revision. Copenhagen did not see a
cogent reason for considering all the LOS issues at one con-
ference. It would have preferred to limit the issues on the
agenda of one or more conferences in such a manner that there
would have been a reasonable prospect of a successful outcome.
Denmark will accept a 12-mile* limit as the maximum breadth
of the territorial sea, but will remain adamant in its demand
that the Danish Straits and other passages less than 6 miles in
width be exempted from a regime of unimpeded transit through
international straits. They will accept unimpeded transit
through 6- to 24-mile-wide international straits, however.
The Danes will support a 200-mile economic zone only on the
condition that it is structured to permit the continuation of
traditional distant-water fisheries. They also hope to be able
to reserve coastal fisheries for the geographically isolated
populations of the Faeroe Islands and Greenland. Denmark favors
freedom of navigation and maximum mobility of merchant and naval
vessels in all waters beyond the territorial sea.
* Distances and areas throughout this study are in nautical miles
unless specified otherwise.
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Copenhagen prefers a mixed system for mining the minerals on
the deep seabed; an arrangement whereby both private firms and
the International Seabed Authority (ISA) would compete for
exploitation contracts.
The Danes believe that international standards should be
adopted as the norm for controlling marine pollution and they
remain generally opposed to the establishment of unilateral
standards. They feel that scientific'research in the seas
should be encouraged and that undue controls should not be
imposed by the coastal states.
Denmark will resume its defensive posture at Geneva in 1975,
hoping to avoid any erosion of its sovereign authority over the
Danish Straits and any diminution of its present fishing rights.
3. FACTORS INFLUENCING LOS POLICY
Special Geographic Features
Denmark and its two outlying possessions in the North Atlantic
are geographically dissimilar. South, or mainland, Denmark is a
small shelf-locked country whose islands constitute a limited
archipelago. The straits that separate the islands are the sole
natural passages that connect the North and Baltic Seas. The Faeroe
Islands, however, will be entitled to an extensive seabed area in
the Norwegian Sea and North Atlantic. Greenland has the fourth
longest coastline in the world, a considerable portion of which
borders upon the open sea. The possession of Greenland qualifies
Denmark as one of only five nations to hold jurisdiction over
lands that border the Arctic Ocean. Denmark has reached bilateral
agreements with Norway, the United Kingdom, and West Germany
regarding the delimitation of the continental shelf in the
Skagerrak and North Sea and has attained an accord with Canada
on the delimitation of the shelf boundary between Greenland and
Canada. No agreements have yet been signed with Sweden, West
Germany, East Germany, and Poland on delimiting the shelf of the
Baltic Sea.
Mineral Resources --- Denmark relies heavily on the import
of fossil fuels to meet its energy requirements. The Dansk
Undergrunds Consortium (DUC), comprised of A. P. Moeller, Gulf,
Shell, Standard Oil of California, and Texaco, holds exclusive
rights for offshore as well as onshore exploration and exploita-
tion of hydrocarbons in South Denmark. The completion of 24
development wells in the North Sea's Dan Field by the end of
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1975 will raise Denmark's oil production to an annual rate of
approximately 1,250,000 metric tons, less than 10% of the
country's needs. No prospecting for oil or gas has been
accomplished in the Faeroe Islands or on the nearby continental
shelf. Reports that the Shell Company has recently located a
major oil deposit between the Shetland and Faeroe Island groups
have aroused Faeroese interest in investigating the surrounding
seabed. The 840,000 square statute mile territory of Greenland
has drawn exploratory interests for several years, with
particular emphasis on the shelf of Baffin Bay and Davis Strait.
Living Resources -- Denmark is the fourth largest fishing
nation in Europe (including the U.S.S.R.). The South Danish
fishing industry is largely sustained by small vessels operated
by family enterprises in the North Sea, the Kattegat, and Skagerrak.
Particular features of the industry are the high quality of the
catches and the short distances from points of landing not only
to local markets but also to major fish consumption areas of
Europe. These factors allied to the flexibility and relatively
low cost operations of the fleet combine to make the Danish
fishing industry very competitive and efficient.
In addition to making a valuable contribution to domestic
supplies of food, the South Danish fishermen play an important
role in the nation's international trade. During recent years
more than 6% of Denmark's total export earnings have consisted
of fish and fish products. Accession to the European Economic
Community (EEC) has considerably benefited the promotion of
these fish exports. Fisheries also make a major contribution
to the local economies in coastal areas, where few employment
possibilities other than agriculture or fishing are available.
Fisheries are the chief support of the economies of both
Greenland and the Faeroes, accounting for more than 90% of
the latter's exports. Greenland fishermen operate principally
in the near-coastal waters while Faeroese vessels fish in both
coastal and distant waters.
Denmark, Greenland, and the Faeroe Islands have a 12-mile
fishing limit. As a party to the European Fisheries Convention,
Denmark permits fishing by the other convention nations in the
outer 6 miles of its fishing zone. The EEC Treaty of Accession
for Denmark, Ireland, and the United Kingdom also allows fishing
by all Common Market nationals in the outer 6 miles of the member
states' zones until 31 December 1982, unless otherwise specified.
Denmark succeeded in negotiating an exception for the Faeroes,
Greenland, and the South Danish coast between Thyboron and
Blaavandshuk, thus preserving the 12-mile exclusive fishing zone
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in these areas. Further, the Treaty of Accession prohibits
Danish vessels not coming from Greenland to operate in the
Greenland zone after 31 December 1977.
Deep Seabed Capabi1ities and Interests -- The Danes have no
foreseeable plans to explore and exploit the deep seabeds for
manganese nodules. Denmark does not have a major metals industry.
Marine Transportation -- The Danish merchant fleet is modern,
efficient, and well maintained, and serves major trade routes of
the world. Most of the tonnage is employed in crosstrades between
foreign countries. The considerable amount of net earnings in
foreign exchange that are derived annually from crosstrade
operations makes an important contribution to Denmark's balance
of payments. With the exception of one passenger ship, the
merchant fleet is controlled by private beneficial owners. The
Danish charter tanker fleet transits such major international
straits as Gibraltar, Hormuz, and Malacca. A net importer of
fuels, Denmark obtains most of its supply of crude oil from
Kuwait, Saudi Arabia, Nigeria, and Oman. Denmark is also a
leading shipbuilding nation.
Naval Considerations -- The Royal Danish Navy is a small,
modern naval force; its mission is to contribute to NATO
control of the Baltic Sea exits and provide the coastal defense
of Denmark. Although the navy consists predominantly of patrol
vessels and mine warfare craft, it also has a limited submarine
capability. It does not have a high seas responsibility.
Scientific Research -- Denmark was one of the most active
European countries in oceanography until the 1950s, when its role
began to decline as the field became more complex and sophisticated.
The Danes lack the necessary funds and resources for broad and
continuous independent oceanographic research. The country offsets
this deficiency by cooperating with other states in fisheries
research, oceanographic and hydrographic expeditions, and exchange
of marine science information.
Political and Other Factors
Denmark has combined membership in the Western alliance with
strong support of the United Nations and the U.N.'s efforts to
maintain a bridge between the Communist and non-Communist nations.
Denmark's cultural affinities with the other Scandinavian states
are reflected in unusually close political relations, finding
expression in meetings of the Nordic Council of these nations and
Finland. The Danes recognize that membership in NATO is essential
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to their security, but government policy forbids the presence of
foreign bases or storage of nuclear weapons in Denmark in peacetime.
U.S. bases have been allowed in Greenland, however.
Denmark voted in the national referendum of October 1972 to
become a full member of the EEC. It has succeeded in adhering to
the Common Market's fishery position while simultaneously attempting
to resolve the conflicting fisheries needs and demands of its
diverse areas. Denmark has also endorsed the EEC's positions on
the conditions of exploration and exploitation of the deep seabed
and of the rights and duties of states on the high seas.
The Faeroe Islands are a self-governing province within the
Kingdom of Denmark. While complete independence would allow them
to claim a larger exclusive fishing zone, it would also result in
the loss of some $125 million annually in economic assistance
from Denmark. The Danish Government has accepted the 25 January
1974 Resolution of the Faeroese Assembly that unanimously rejected
full membership in the EEC. The rejection of Common Market
membership was prompted by a desire to keep their near-water
fishing grounds closed to EEC fishermen. The Danes will attempt
to negotiate a free trade agreement for the Faeroes with the
Common Market. The Faeroese could reverse their decision and
opt to enter the EEC at a later date if an LOS convention codifies
a fishing regime favorable to their interests.
Greenland is a province of Denmark that does not yet possess
home rule. Executive power is presently exercised by a Provincial
Governor responsible to the Minister for Greenland, a member of
the Danish Cabinet. Popular pressure is increasing in Greenland
for some form of local political rule. A committee appointed to
study the issue probably will recommend that Greenland be granted
autonomy in an arrangement similar to the Faeroese system.
C. LAW OF THE SEA POLICY
Territorial Seas
The Danes feel that a maximum limit of 12 miles for the
territorial sea is sufficient for all legitimate coastal state
interests in a maritime zone of full sovereignty. It is uncertain
whether Denmark would expand its territorial sea from the present
3-mile limit to 12 miles if the LOS Convention approves the wider
limit.
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The straits issue is the most contentious law of the sea topic
for Denmark. The Danes have repeatedly stated that they will
support an unimpeded transit regime for passage through straits
only if the Danish Straits of the Sound, Great Belt, and Little
Belt are excepted. They have been unyielding to date on their
insistence that the special regime of innocent passage governing
transit through the Danish Straits must be retained.
The Danes feel there is no need for a general revision of
the regime of existing international straits (those narrower than
6 miles) that has its roots in customary international law. They
state that a right of passage comparable to the freedom of naviga-
tion that exists on the high seas has never existed in some old and
narrow straits. In such passages as the Danish Straits a special
regime, adapted to the local conditions, has been developed over
the years based on treaties, customs, and the national legislation
of the coastal state. The Danes think that such special arrange-
ments, having proved their value by serving the interests of both
the coastal state and the international community, should continue
to reign.
Danish spokesmen have mentioned that the country is not able
politically and psychologically to accept a regime that would
deny Denmark any control over transit of its straits by Soviet
warships or to consent to the establishment of high seas corridors
that would separate their principal islands. Even though Denmark
allows de facto free transit through its international straits, it
opposes a treaty text that would require the straits states to
permit free passage in all circumstances. Those straits in Denmark
between 6 and 24 miles in width are of less concern. There is no
objection to the Bornholmsgat, for instance, being covered by a
regime of unimpeded transit.
The Danes offer considerable evidence in support of the position
that their straits merit consideration as an exception to a regime
of unimpeded transit. They argue that the Copenhagen Conventions
of 1857 assure that the Baltic Sea is open in peacetime to all
vessels of all states. The Conventions, and the body of custom and
practice arising from it, are a viable legal arrangement that has
well served the maritime interests of the international community.
The heavy ferry traffic across the Danish Straits and projected
bridges and tunnels to connect the islands at the straits have been
cited as examples of Danish usage that must not be interfered with
by the provisions of a new LOS Treaty. The bridge/tunnel issue is
the most recent example of Soviet pressure on Denmark regarding the
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straits. Soviet Chairman Kosygin informed Danish Prime Minister
Jorgensen in 1973 that Denmark's plans for construction of structures
over or under the Danish Straits were an international question and
that it would be necessary for the Danes to consult interested
countries, including the U.S.S.R., before proceding. Kosygin re-
marked that Denmark should not carry out these projects unilaterally.
Further Danish apprehension is raised by the Soviet draft
articles on straits that incorporate this passage, "The coastal
state shall not place in the straits any installations which
could interfere with or hinder the transit of ships."
Maritime accidents and vessel-source pollution are also
paramount Danish concerns. The Danes fear large oil spills in
the straits resulting from the increased size and speed of ships,
and the greater traffic density. They note that it is of
increasing importance to control pollution, and they emphasize
that they will oppose anything that would tend to prevent
enforcement of international standards by Denmark in straits
overlapped by territorial seas. Denmark has established safe
navigation rules for certain types of vessels that transit the
Great Belt. These rules, which the Danes note are not adhered
to by all vessels, require the use of a pilot and radiotelephone
contact with Danish traffic control, and limit a vessel's draft
to 15 meters. The Danes have sought to strengthen their regula-
tions by seeking an Inter-Governmental Maritime Consultative
Organization (IMCO) resolution on the safe navigation of the
Great Belt.
The final major objection raised by Denmark to accepting a
regime of unimpeded transit for the Danish Straits involves
their fear of submerged passage by Soviet submarines and possible
clandestine activities under water. Military and geographic
experts have largely discounted this threat since the narrow
and relatively shallow channels in both the Sound and Great Belt
make submerged transit impractical. They reason that submerged
large nuclear submarines could easily be identified in these
channels.
Mr. Per Fergo, Chairman of Denmark's LOS Delegation, stated
in Caracas that it might be preferable to deal elsewhere with
the question of overflight of straits. Earlier, Danish spokesmen
commented that unrestricted overflight of the Danish Straits
could potentially force Denmark to close down its entire air
defense system.
Throughout the Caracas session of the LOS Conference Denmark
steadfastly adhered to its position that the Danish Straits, and
all other passages narrower than 6 miles, must be exempted from
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a regime of unimpeded transit. On 22 July 1974 the 6-mile
exclusion was formally proposed by Denmark and Finland in an
amendment to the United Kingdom's draft articles on the territorial
sea and straits (see Annex).
Strong efforts were made in Caracas to satisfy the Danes on
the straits issue without resorting to the 6-mile exception. In
response to U.S. overtures, Ambassador Fergo indicated that a
possible solution to the impasse might be for the Conference to
adopt the language of UK. Article 10 and for certain states to
provide written assurances that the article applied in the context
of the Copenhagen Conventions of 1857 and the body of custom
and practice arising therefrom. Such assurances from the United
States, United Kingdom, U.S.S.R., West Germany, and the Netherlands
would amount to recognition of a regime of nonsuspendible innocent
passage in the Danish Straits. Article 10 of the UK draft reads,
"The provisions of this Chapter shall not affect obligations under
the Charter of the United Nations or under conventions or other
international agreements already in force relating to a particular
strait." The Soviets were unwilling to provide an explicit
assurance that innocent passage exists in the Danish Straits, but
appeared amenable to privately stating that the LOS Convention
would not alter the status quo in those passages. The Soviets
interpret the status quo as being a regime of unimpeded transit.
The Danes may be holding out on the straits issue, planning
to use it as a bargaining chip to gain some other concession.
Since fisheries is the only other LOS issue of paramount concern
to Denmark, it is conceivable that the Danes will trade off their
straits vote for a modification of the U.S. position on anadromous
species or for an economic zone structured to allow traditional
Danish fishing to continue off other states' coasts.
The only sign of Danish moderation on the straits issue came
from an official of the Ministry of Foreign Affairs in 1973. He
thought that great domestic problems probably would arise if a
regime were codified that recognized the authority of the straits
states to require prior permission for passage by foreign warships.
The spokesman cited the transit of Soviet convoys through the
Danish Straits as a situation that could prove troublesome for
his government to handle internally. He commented that there
would be few domestic problems, however, if Denmark is placed in
the position of having to accept an LOS Convention that embodies
a regime of unimpeded transit through international straits, regard-
less of width. Such an assessment, if shared by others responsible
for LOS policy, may indicate that unimpeded transit is not alto-
gether distasteful to the Danes.
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Delimitation and Demarcation
The Danes support the application of the principle of equi-
distance when delimiting territorial seas and other areas of
national jurisdiction in narrow waters. They feel that the
equidistance principle has obtained wide international recognition
and should be an acknowledged norm of international law. Without
such a rule, there would be no objective criteria on which to base
a delimitation; everything would be open to negotiation and ad hoc
solutions.
Semienclosed and Enclosed Seas
Addressing this issue only from the viewpoint of fisheries,
Denmark feels that fishing in semienclosed and enclosed seas should
be regulated through regional arrangements that take account of the
rights of neighboring countries and the historic pattern of the
fisheries. The Danes think that a new LOS Treaty should oblige
coastal states to establish regional fisheries arrangements in
waters to supplement general or global rules.
Continental Shelf
The Danes state that the 200-meter and exploitability criteria
of the 1958 Convention on the Continental Shelf are outdated and
should be replaced by a precise criterion for delimiting the
continental shelf under national jurisdiction and the international
seabed area. They feel that the Geneva Convention should be the
basis of the Conference's deliberations on the question of the
continental shelf of islands. Acceptance of this would assure
that the Faeroes, Greenland, and Bornholm would be entitled to
jurisdiction over the surrounding shelf since the 1958 Convention
defines the continental shelf of islands in the same way as for
other territories.
Coastal State Jurisdiction Beyond the Territorial Sea
Denmark now supports a 200-mile economic zone, having abandoned
its earlier support of a combined depth and distance criteria. The
Danes state that a depth criterion would require very accurate
bathymetric data which were not available now and were not likely
to be in the foreseeable future. They note that several states
have made claims to the continental shelf where it extends beyond
200 miles and suggest that this problem could be considered in the
context of a balanced solution of other topics of an economic
nature. Mr. Fergo noted that the concept of an intermediate zone
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or a sharing of revenues might prove useful in arriving at a
compromise on the broad shelf states' economic zone proposal.
Denmark was an early endorser of the U.S. trusteeship zone scheme.
The issue of the economic zone is principally a matter of
fisheries jurisdiction to the Danes. They are not greatly
interested in a 200-mile limit, but will accept it if the nature
of the regime allows the divergent interests of the South Danish,
Faeroese, and Greenlander fishermen to be satisfied. Their basic
goal is an economic zone regime structured by treaty articles to
respect the traditional rights of distant-water fishing countries.
The Danes feel that islands should have a full economic zone
because their populations are frequently isolated and have few
employment opportunities other than the sea. When an island is
situated close to another country, the delimitation of the economic
zone should be based on the equidistance principle. Denmark holds
reservations, however, about the equity of granting states economic
zones on the basis of their possession of uninhabited islets and
rocks far removed from land.
Denmark supports the U.S. position in all aspects of navigation,
including freedom of movement for warships, within the coastal
state economic area.
Fisheries
Denmark's fishing interests would best be served by a global
agreement allowing special privileges for countries or geographi-
cally isolated areas, such as the Faeroes and Greenland, whose
economies are heavily dependent on fisheries. The Danes have
succeeded to date in adhering to the EEC fishing policy while
restraining the demands of Greenland and the Faeroe Islands for
fishing zone extensions. On 5 August 1974, Denmark joined seven
Common Market states (the United Kingdom declined) at Caracas in
sponsoring draft articles on fisheries that emphasize restraints
on coastal states' rights and promote the role of regional organi-
zations in determining allowable catches and quotas (see Annex).
Faeroese demands on fishery issues must be taken into
consideration by Copenhagen since Danish law requires acceptance
by the Faeroese Assembly of any measures negotiated by the Danes
that affect the island's fishermen. Faeroese agitation motivated
the Danish Government to seek the multilateral agreement estab-
lishing conservation zones adjacent to the Faeroese 12-mile
fishing limit. The agreement, effective 1 January 1974, sets
restrictive catch quotas for cod and haddock fishing by British,
West German, French, Norwegian, Belgian, and Polish vessels.
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The salmon problem is the key fishery issue in Greenland.
The dissatisfaction with the catch quota set by the International
Convention for the Northwest Atlantic Fisheries (ICNAF) has been
seized as an issue by politicians and home rule advocates. The
Greenland Provincial Council issued a declaration in March 1974
favoring a 200-mile fishing limit.
Denmark has been a spokesman in the European Communities
Council for modifying the EEC fishery policy on the North Atlantic
regions whose economies are heavily dependent on fishing. The
Danes have suggested that the inhabitants of Greenland, the
Faeroes, Northern Norway, the Shetlands, Orkneys, and, by
inference, Iceland, be granted priority on fishing both within
and outside the 12-mile limit, special marketing arrangements,
subsidies, and reciprocity in each others' waters. While the
Danish initiative appeared mainly intended to reduce pressures
from the Faeroese and Greenlanders for extended fishery rights,
it also represented a continuation of Danish efforts to become
a voice for the Nordic states in the Common Market.
Denmark is a determined opponent of the U.S. position on anad-
romous species. The Danes feel that salmon is common property --
a migrant fish that cannot be reserved for the states of origin.
They argue that it would be contrary to the international character
of the high seas to reserve the yield of an individual species
exclusively for particular countries. The Danes believe that
anadromous species should not be regulated by a global convention
since the topic concerns relatively few countries. They would
prefer that the conservation and allocation of salmon be determined
by agreement among interested states or by international arrange-
ments promulgated by intergovernmental fisheries organizations.
Denmark, striving to maintain Greenland's salmon catch, set forth
its views on anadromous species in a draft article submitted at
Caracas on 5 August 1974 (see Annex).
The 1972 resolution of ICNAF has been an irritant to Denmark.
The resolution requires the phaseout of high seas fishing for
Atlantic salmon by Denmark and Norway off Greenland by 1 January
1976. Greenland fishermen, however, were allowed an annual catch
quota of 1,100 metric tons within their 12-mile fishing zone.
Copenhagen is currently seeking support within ICNAF for an increase
in Greenland's salmon quota, the most valuable species landed.
Denmark and West Germany are the only nations declining to adhere
to the Northeast Atlantic Fisheries Convention regulation that bans
the high seas fishing of salmon in the Northeast Atlantic after
31 December 1975.
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The major points of Denmark's position on fisheries are:
-- the effective management of fisheries is
better achieved through the control of
species rather than by the establishment
of arbitrary zones;
-- conservation measures should be non-
discriminatory and must be established
for the sole purpose of maintaining or
restoring the maximum sustainable yield;
-- lesser-developed-country coastal states
and isolated populations heavily dependent
on fisheries should have preferential
access to coastal species to the extent
of their catch capacity. These isolated
groups should also be allowed to maintain
their traditional distant-water fisheries;
-- other traditional distant-water Fishing
states should be able to negotiate with
coastal states according to criteria
established by the LOS Convention;
-- special regional arrangements should be
agreed upon by littoral states in semi-
enclosed seas and other narrow waters;
-- the conservation and allocation of anadromous
species should be determined by regional
fisheries organizations;
-- the authority to implement international
conservation and allocation rules should
be vested in regional fisheries organiza-
tions which might delegate certain powers
to coastal states; and
-- international standards should be established
for the compulsory settlement of disputes.
The Danes have stated that passage by the U.S. Congress of the
200-mile Fisheries Bill (S.1988) would have an adverse effect on
Faeroese fishing off the U.S. coast. They feel that passage of
the act would be a regressive and irresponsible action by a major
state that should be expected to assert leadership in reaching
an international consensus rather than resorting to unilateral
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action. Denmark would regard such a unilateral step as seriously
prejudicing the chances of obtaining reasonable international
agreement on a new Law of the Sea.
The Danes sense that they will have to live in the future
with greater restrictions on distant-water fisheries, but they
want these changes to be reached in an orderly manner through
international agreement.
High Seas
In a preamble to a working document on the high seas submitted
by the nine Common Market states at Caracas on 12 August 1974 (see
Annex), Denmark and other cosponsors stated that the principles and
provisions contained in the 1958 Geneva Convention on the High
Seas are valid, must remain in force for areas beyond the terri-
torial sea, and should be incorporated in any new convention on
the Law of the Sea. A series of draft articles were proposed as
additions to the High Seas Convention that would inter alia:
-- require each flag state to maintain a
register of shipping, investigate
maritime accidents involving vessels
flying its flag, assure that ships
officers possess appropriate qualifica-
tions, and assume jurisdiction under its
municipal law over each ship flying its
flag and over its crew in respect of
administrative and technical matters
concerning the ship;
-- call on all states to cooperate in the
suppression of illicit traffic in narcotic
drugs by ships on the high seas; and
-- call on all states to cooperate in the
repression of unauthorized broadcasting
from the high seas.
Denmark supports the U.S. position in all aspects of high
seas navigation, including freedom of movement for warships.
Deep Seabed
Denmark believes that a 200-mile limit to the coastal state
economic zone will appropriately divide the continental slope
and rise between the international community and the coastal
states. The Danes emphasize that the scope of a deep seabed
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regime should include only the seabed and the subsoil thereof
and not the superjacent waters. They favor a mixed system of
exploitation wherein the International Seabed Authority (ISA),
states, and private companies would all be given an opportunity
to extract hydrocarbons and manganese nodules. The system should
provide for the transfer of technology to the ISA, possibly as a
condition of granting licenses. The licensing system proposed
by the United Kingdom was endorsed by Denmark as a means of
ensuring the orderly development of seabed resources. The UK
proposal would reserve areas of the deep seabed for later
exploitation by the Enterprise and states which do not yet
possess the necessary technological and financial means. The
Danes state that the distribution of revenues by the ISA to
the LDCs should not begin until the Authority had amassed
sufficient capital for seabed mining. They further believe there
is a need to ensure that measures taken to protect the interests
of land producers do not have an adverse effect on the development
of deep seabed exploitation.
Denmark insists that the ISA should be concerned only with
exploration for and exploitation of the seabed resources within
the international area. The Authority should not be granted any
jurisdiction over fisheries, marine pollution, or scientific
research.
The Danes agree that the principal organs of the ISA should
be an assembly, a council, a secretariat, and a tribunal. Every
party to the international seabed convention should have a seat
in the assembly, which should be the supreme organ of the Authority,
competent to discuss any matter within its terms of reference and
with power to discuss and outline the guidelines for its policy.
The assembly should elect the members of the council and approve
its budget and reports. Each member state would have one vote
and decisions should be taken by a simple majority.
The composition of the council must reflect the diverse
interests of states that are parties to the convention. There
should be equitable representation for developing nations,
technologically advanced states, and countries with long coast-
lines or broad shelf areas. The council should have no powers
other than those expressly conferred on it by the convention or
the assembly. Its most important function would be to administer
the license system. Decisions on substantive matters should be
taken by a two-thirds majority, although some manner of cumulative
majority might be considered in order to secure the interests of
small groups of countries. The tribunal should adjudicate any
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dispute referred to it concerning conflicts between member states
or between a member state and the ISA pertaining to the interpre-
tation and application of the convention.
On 16 August 1974, Denmark joined seven other Common Market
states (Ireland declined) in sponsoring a set of draft articles
on the conditions of exploration and exploitation in the inter-
national seabed area (see Annex). The articles define the
various activities associated with deep seabed mining and offer
specifics on the award and duration of exploitation contracts
and the size of concession areas. No applicant may hold more
than six contracts at any one time in either category of
resources -- hydrocarbons or polymetallic nodules. Contracts
shall have a duration of 30 years and thereafter may be renewed
every 10 years for a maximum period of 50 years. Concession
blocks shall have a maximum surface of 9,000 square kilometers
for hydrocarbon exploitation and 60,000 square kilometers for
nodule mining. Prospecting (exploration) shall be open in the
international area save for the blocks where exploitation
contracts have been awarded.
Landlocked, Shelf-Locked and
Geographically Disadvantaged States
Denmark attaches great importance to the need to recognize the
traditional fishing rights of landlocked and shelf-locked states
and other geographically disadvantaged nations as part of a
balanced arrangement.
Marine Pollution
The Danes feel that one of the basic objectives of the LOS
Conference is to strengthen common endeavors to combat marine
pollution while simultaneously avoiding unnecessary interference
with world shipping. They favor a regime of uniform international
vessel-source pollution standards enforced by flag states, but
appear willing to accept port state enforcement of international
standards as well as coastal state enforcement of similar standards
in a pollution zone of unspecified breadth. Denmark also indicates
that it is willing to accept higher coastal state discharge
standards in special areas like the Mediterranean and Baltic and
in virgin areas such as the Arctic, provided the standards are
approved by a suitable international organization.
Denmark would prefer that the LOS Conference not replace or
duplicate existing pollution abatement efforts or create a new
network of agreements on the various sources of marine pollution.
Instead, it suggests that an LOS Treaty supplement existing
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pollution control measures by incorporating general principles
on the rights and responsibilities of states regarding protection
of the ocean environment. The Danes point out that a number of
international organizations have been actively engaged for
several years in developing standards governing the design,
construction, equipment, and manning of ships. They have full
confidence in the competence of these organizations, particularly
IMCO, and feel that their standards should serve as a model for
future international agreements.
Denmark cannot approve of any proposal to allow coastal
states to set pollution standards pending the establishment and
implementation of internationally agreed measures. It feels that
such an approach would result in a multitude of differing regimes
based on the national legislation of the coastal states.
cientific Research
it should be the goal of a new LOS convention to hinder research
as little as possible and to promote the closest international
cooperation, according to the Danes. They feel that all states
and international organizations should have the widest acceptable
rights of freely conducting marine scientific research, with due
regard for the other legitimate uses of the sea and the general
principles of international law.
Denmark believes that scientific research within the terri-
torial sea should be conducted only with the consent of the coastal
state. Conflicting evidence is available on their position on
research in the economic zone. Mr. Jacobsen, a Danish representa-
tive, stated at Caracas that coastal state consent should be
required for research on the continental shelf subject to national
jurisdiction; however, a set of draft articles submitted on
23 August 1974 at Caracas by Denmark and other states (see Annex)
calls for coastal state consent in the economic zone only in those
instances involving deep drilling or the use of explosives.
Research beyond national jurisdiction should be open to all parties,
as mentioned in the paper submitted by the International Council of
Scientific Unions.
Denmark endorses granting the coastal states the opportunity
to participate in the research, providing them with the missions'
results, and assisting in the interpretation of the results of
the research project.
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Settlement of Disputes
The Danes suggest that a new LOS Treaty include provisions
for the settlement of disputes by negotiation, conciliation or
arbitration in accordance with Article 33 of the United Nations
Charter.
D. KEY POLICY MAKERS, LOS NEGOTIATORS AND ADVISERS
The Danish Government is parliamentary in form with
political power held by the Prime Minister, the Cabinet, and
the Folketing. The Ministry of Agriculture and Fisheries,
Ministry of Foreign Affairs, Ministry of Greenland, and the
Royal Danish Navy are the agencies most concerned with LOS
matters. Messrs. Fergo, Buhl, and Kiaer have been the principal
spokesmen for Copenhagen in the various LOS sessions.
Denmark's representatives at the preparatory sessions for
the Third UN Conference on LOS and the organizational (December
1973) and Caracas (Summer 1974) sessions of the Conference are
as follows:
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T.b R. ANDREASEN
'lead of Section
:Ministry of Foreign Affairs
Gunnar BLAEHR
Assistant Head of Department
Legal Division
Ministry of Foreign Affairs
^Peter BRUCKNER
Head of Section
Ministry of Foreign Affairs
*Johannes Fons BUHL
Counselor
Permanent mission to the UN
Lars CHEMNITZ
Chairman of the Provincial
Council of Greenland
'Per FERGO
Under-Secretary of State for
Legal Affairs
Ministry of Foreign Affairs
E. GESMAR
Assistant Head of Division
Ministry of Commerce
Erik HESSELBJERG
Permanent Under-Secretary or
State
Ministry of Greenland
*Frederik KIAER
Head of Division
Ministry of Foreign Affairs
Seabed Committee Session
j.Tul i Feb Jul 1 Mar TJu1
Mari Aug l Mar Aug Apr Aug
/1 '711 72 72 73 73
-I - sY X
Third
LOS Conf.
Dec
73
Jun-
Aug
74
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E. LEMCHE
Head of Section
Ministry of Greenland
Knud LOKKEGAARD
Head of Department
Ministry of Agriculture and
Fisheries
W. McILLQUHAM SCHMIDT
Under-Secretary of State
Ministry of Foreign Affairs
Kjeld Vilhelm MORTENSEN
Ambassador
D. NOLSOE
High Court Judge
Prime Minister's Office
Faeroese Home Government
J. NORGAARD
Permanent Under-Secretary of
State
Ministry of Agriculture and
Fisheries
*Eigil PEDERSEN
Head of Section
Ministry of Foreign Affairs
Kari PETERSEN
Head of Section
Faeroese Home Government
Birgitte POULSEN
Head of Section
Ministry of Foreign Affairs
Seabed Committee Session
Third
LOS Conf.
Mar
71
Jul
Aug
71
Feb
Mar
72
Jul
Aug
72
Mar
Apr
73
Jul
Aug
73
Dec
73
Jun-
Aug
74
x
x
x
X
x
x
x
x
x
x
X
X
x
X
X
x
X
x
x
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Dr. Axel SERUP
Ambassador to Venezuela
Denrik STENBJERRE
Secretary of Embassy
Permanent Mission of Denmark
Lo the UN
3, TORNAES
Danish Fisheries Organization
Bo WILDFANG
Head of Section
Ministry of Greenland
Seabed Committee Session
I Jul Feb Jul Mar Jul
Mar Aug Mar Aug Apr Aug
71 71 72 72 73 73
Third
LOS Conf.
Jun-
Dec Aug
73 74
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Part II - Background Information
Geography
World region: Western Europe
Category: Denmark -- coastal/shelf-locked; Greenland and the
Faeroe Islands -- coastal/open shelf
Bordering states: West Germany
Bordering bodies of water: Atlantic Ocean, Arctic Ocean, North
Sea, Baltic Sea, Norwegian Sea, Greenland Sea, Baffin Bay
Bordering semienclosed sea: Baltic Sea, North Sea, Baffin Bay
Bordering straits: Skagerrak, Kattegat, Great Belt (5.8 mi.),
The Sound (2.1 mi.), Little Belt (0.35 mi.), Bornholmsgat
(19 mi.), Davis Strait
Area of continental shelf: 20,000 sq. mi. (Denmark only), shared
with Norway, Sweden, U.K., West Germany, East Germany, Poland,
Canada
Area to 200 mi. limit: 20,000 sq. mi. (Denmark only), shared with
Norway, Sweden, U.K., West Germany, East Germany, Poland, Canada
Area to edge of continental margin: 20,000 sq. mi. (Denmark only)
Coastline: Denmark -- 2,100 statute mi.; Faeroe Islands -- 475
statute mi.; Greenland -- 27,400 staute mi. (approx.)
Land: Denmark -- 16,600 sq. statute mi.; Faeroe Islands -- 540 sq.
statute mi.; Greenland -- 840,000 sq. statute mi.
Population: Denmark -- 5,064,000; Faeroe Islands .-- 40,000;
Greenland -- 50,000
Industry and Trade
GNP: Denmark -- $21.7 billion (1973), $4,330 per capita; Faeroe
Islands -- GDP $78.7 million (1970), about $2,020 per capita;
Greenland -- included in that of Denmark
Major industries: Denmark -- food processing, machinery and equip-
ment, textiles and clothing, chemical products, electronics,
transport equipment, metal products, brick and mortar, furniture
and other wood products; Faeroe Islands -- fishing; Greenland --
mining, slaughtering, fishing, sealing
Exports: Denmark -- $6,085 million (f.o.b., 1973)? meat, dairy
products, industrial machinery and equipment, textiles and
clothing, chemical products, transport equipment, fish, furs,
furniture; Faeroe Islands -- $37.6 million (f.o.b., 1971) fish
and fish products; Greenland -- $18.8 million (f.o.b., 1970),
fish and fish products, nonmetallic minerals
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Industry and Trade (Con't)
Imports: Denmark -- $7,685 million (c.i.f., 1973), industrial
machinery, transport equipment, petroleum, textile fibers and
yarns, iron and steel products, chemicals, grain and feedstuffs,
wood and paper; Faeroe Islands -- $40.6 million (c.i.f., 1971),
machinery and transport equipment, petroleum and petroleum
products, food products; Greenland -- $61.0 million (f.o.b.,
1971), machinery and transport equipment, petroleum and
petroleum products, food products
Merchant marine: 295 ships (1,000 GRT or over) totaling 3,9 30,700
GRT; includes 12 passenger, 178 cargo, 6 container, 6 roll-on/
roll-off cargo, 37 tanker, 12 liquefied gas, 27 bulk, 2 combina-
tion ore/oil, 15 specialized carrier
Marine Fisheries
Catch: Denmark -- 1.4 million metric tons (1973), valued at $211
million, exports -- $391 million, imports -- $99 million;
Faeroe Islands -- 242,300 metric tons (1973), exports -- $69.7
million; Greenland -- 42,500 metric tons (1973), valued at
$10.4 million
Economic importance: significant both nationally and locally
Ranking: 4th largest in Europe (including the U.S.S.R.)
Nature: coastal and distant-water
Other fishing areas: Iceland, Canada, Norway, U.K., West Germany,
Netherlands
Species: cod, herring, haddock, plaice, Norway pout, sprat, mackerel,
sand eel, salmon, lobster, shrimp
Marine fisheries techniques; primarily modern
Other countries fishing off coast; Norway, Sweden, U.K., West
Germany, U.S.S.R.
Extent of foreign offshore fishing; significant in North Sea
Petroleum Resources
Petroleum: production -- 1.0 million 42 gal. bbl. (.136 million
metric tons) offshore; proved recoverable reserves -- 250 million
42-gal. bbl. (34 million metric tons) offshore (1973)
Nature gas: production -- offshore gas shut in; proved recoverable
reserves -- 500 billion cubic feet (14 billion cubic meters)
offshore (1972)
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Navy
Ships: 2 destroyer excorts, 6 submarines, 4 coastal escorts, 4
patrol escort, 10 fast patrol boats, 6 motor torpedo boats, 9
small submarine chasers, 5 minelayers, 12 minesweepers, 3 auxiliary,
15 service craft
Government Leaders
Head of State: Queen Margrethe II; Prime Minister, Poul Hartling
Foreign Minister: Ove Guldberg
Membership in Organizations Related to LOS Interests
Council of Europe
EC ....................... European Communities
FAO ...................... Food and Agriculture Organization
IAEA ..................... International Atomic Energy Agency
ICAO ..................... International Civil Aviation Organization
IHB ....................... International Hydrographic Bureau
IMCO ...................... Inter-Governmental Maritime Consultative
Organization
NATO ...................... North Atlantic Treaty Organization
Nordic Council
OECD ..................... Organization for Economic Cooperation
and Development
Seabeds Committee ........ United Nations Committee on the Peaceful
Uses of the Sea-bed and Ocean Floor
beyond the Limits of National Jurisdic-
tion
UN United Nations
UNESCO ................... United Nations Educational, Scientific,
and Cultural Organization
WMO World Meteorological Organization
Multilateral Conventions
Norway-Sweden-Denmark. Agreement on Reciprocal Access to Fishing
in the Skaggerak and the Kattegat. In force August 7, 1967.
Norway-Sweden-Denmark. Agreement concerning Measures for the Pro-
tection of the Stocks of Deep-Sea Prawns, European Lobsters,
Norway Lobsters, and Crabs. In force January 26, 1953.
Finland-Norway-Sweden-Denmark. Agreement concerning Co-operation in
taking Measures against Pollution of the Sea by Oil. In force
October 16, 1971.
I.C.E.S.-Denmark. Agreement on the Privileges, immunities, and
Facilities to be granted to the International Council for the
Exploration of the sea. In force July 24, 1968.
REI
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Multilateral Conventions (Con't)
Finland-Norway-Sweden-Denmark. Agreement concerning Uniform Rules
for the Marking of Navigable Waters. In force October 18, 1962.
Finland-Norway-Sweden-Denmark. Agreement concerning Co-operation
in Ice-Breaking. In force December 20, 1961.
1958 Convention on the Territorial Sea and Contiguous Zone.
September 26, 1968.
1958 Convention on the High Seas. September 26. 1968.
1958 Convention on Fishing and Conservation of the Living Resources
of the High Seas. September 26, 1968.
1958 Convention on the Continental Shelf. June 12, 1963.
International Convention for the Prevention of Pollution of the
Sea by Oil. November 11, 1956.
1969 Amendments to the International Convention for the Prevention
of Pollution of the Sea by Oil. March 22, 1971.
International Convention for the Safety of Life at Sea. January 12,
1964. 1966 Amendments accepted July 24, 1969.
Regulations for the Prevention of Collisions of Vessels at Sea.
July 10, 1961.
Convention on Facilitation of International Maritime Traffic.
September 1, 1968.
International Convention on Load Lines. June 28, 1967.
International Convention for the Northwest Atlantic Fisheries.
December 14, 1950.
North-East Atlantic Fisheries Convention. July 14, 1960.
Fisheries Convention. October 9, 1964.
Agreement for Co-operation in Dealing with Pollution of the North
Sea by Oil. June 9, 1969.
European Agreement for the Prevention of Broadcasts transmitted from
Stations outside National Territories. September 22, 1965.
International Convention for the Regulation of Whaling. May 23, 1950.
Protocol to the Convention accepted July 26, 1957.
Nuclear Test Ban Treaty. January 15, 1964.
Seabed Arms Limitation Treaty. June 15, 1971.
Convention on Transit Trade of Land Locked States. May 26, 1969.
Convention on the Inter-Governmental Maritime Consultative Organiza-
tion. June 3, 1959.
Convention on the International Hydrographic Organization. June 22,
19 70 .
Convention on the International Council for the Exploration of the
Sea. April 20, 1965.
Convention on Fishing and Conservation of the Living Resources of
the Baltic Sea and Belts. Signed September 13, 1973.
Convention for the Prevention of Marine Pollution by Dumping from
Ships and Aircraft.
1973 I:MCO Convention for the Prevention of Pollution from Ships.
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Multilateral Conventions (Con't)
Convention on the Prevention of Marine Pollution by Dumping of
Wastes and other Matter. Signed December 29, 1972.
Convention for the Protection of the Baltic Sea from Pollution.
Signed March 22, 1974.
United Kingdom-Federal Republic of Germany-France-Norway-
Belgium-Poland-Denmark. Agreement on Fishing in Waters
surrounding the Faeroe Islands. In force January 1, 19 74 .
Bilateral Conventions
Federal Republic of Germany-Denmark. Agreement concerning the
Delimitation, in the Coastal Regions, of the Continental Shelf
of the North Sea. In force May 27, 1966.
Norway-Denmark. Agreement relating to the Delimitation of the
Continental Shelf. In force June 22, 1966.
United Kingdom-Denmark. Agreement relating to the Delimitation
of the Continental Shelf between the Two Countries. In force
February 6, 1967.
United Kingdom-Denmark. Agreement relating to the Delimitation of
the Continental Shelf between the Two Countries. Signed November
25, 1971. When in force, this Agreement will supersede Agreement
of February 6, 1967.
Netherlands-Denmark. Agreement concerning the Delimitation of the
Continental Shelf under the North Sea between the Two Countries.
In force August 1, 1967. Terminated by 1971 Agreements between
the Netherlands, Federal Republic of Germany, and Denmark that
established new shelf boundaries in the North Sea.
Federal Republic of Germany-Denmark. Treaty relating to the Delimita-
tion of the Continental Shelf under the North Sea. Signed
January 28, 1971.
Federal Republic of Germany-Denmark. Agreement regarding Common
Fishery Rights in the Flensborg Fjord. Signed 29, 1958.
Poland-Denmark. Fisheries Agreement. Signed February 26, 1971.
Iceland-Denmark. Exchange of Notes constituting an Agreement on the
Access for Faeroese fishermen to engage in handline fishing off
Iceland. In force August 1, 1961
Norway-Denmark. Exchange of Notes constituting an Agreement on
Traditional Norwegian Sprat Fishing in the Kattegat. In force
August 7, 1967.
Norway-Denmark. Agreement concerning the East Greenland Fisheries.
In force July 10, 1967.
Belgium-Denmark. Exchange of Letters constituting an Agreement
regarding the Fishing Rights of :Belgian Fishermen in the Fishery
Zones of Danish Waters. In force July 1, 1967.
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Bilateral Conventions (Con't)
Federal Republic of Germany-Denmark. Exchange of Notes constituting
an Agreement concerning German Fishing Rights in the Danish
Fishery Zone. In force November 30, 1967.
Norway-Denmark. Exchange of Letters constituting an Agreement
concerning Fishing Rights within the Danish Fishery Zone. In
Force April 26, 1968.
Netherlands-Denmark. Exchange of Notes constituting an Arrangement
concerning Fishing Rights within Danish Fishery Areas. In force
May 30, 1968.
Canada-Denmark. Exchange of Notes concerning Fisheries Relations.
In force March 27, 1972.
Belgium-Denmark. Exchange of Notes constituting an Arrangement to
facilitate the Settlement of Disputes arising at sea between
Belgian and Danish Fishermen outside Territorial Waters. In
force January 1, 1949.
Norway-Denmark. Agreement regarding Claims in Respect of Damage to
Fishing Gear. In force January 14, 1952.
Sweden-Denmark. Exchange of Notes constituting an Agreement concerning
Swedish Direct Landings of Fish in Denmark. In force December 5, 1967.
U.S.A.-Denmark. Agreement concerning Visits of the N.S. Savannah.
In force July 2, 1964.
Canada-Denmark. Agreement relating to the Delimitation of the
Continental Shelf between Canada and Greenland. 1973.
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F resent Ocean Claims*
Type
Date
Terms
Source, Notes
Territorial
Se.a
1899
1966
4 mi.
3 mi.
Decree No. 147
Denmark claimed a 4 mi.
Territorial Sea before
1930. Feb. 12, 1812
Royal Decree on the Delimitation
of Lhe Territorial Sea of
Dec. 21, 1966 (Order No. 437)
Party to the Territorial Sea
Convention (Sept. 26, 1968)
See Limits in the Seas, No.
261 Territorial Sea Boundary:
Denmark-Sweden
Continental
1963
Convention
Royal Decree of June 7, 1963
Shelf
Definition
Party to the Continental Shelf
Convention (June 12, 1963)
Exclusive
Fishing
1931
3 mi.
Act No. 93, Mar. 3, 1931
1965
12 mi.
Signatory: European Fisheries
Convention
Customs
1928
4 mi.
Order No. 171, May 11, 1928
Also Law No. 156, Apr. 12, 1960
Security
1951
Royal Ordinance of July 25, 1951
Governs the admittance of foreign
Men-of-War and service aircraft
to Danish territory in time of
peace. Delimits prohibited zone.,
and transit areas.
Neutrality
1812
Straight
1966
Royal Decree of Dec. 21, 1966
Baselines
See Limits in the Seas No. 19
Smuggling
1926
12 mi.
Order No. 150, May 20, 1926.
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Present Ocean Claims (cont~d)
1. 1964 European Fisheries Convention allows Belgian fishermen to
fish in 6-12 mi. fishing zone for specified fish in designated
areas, Ser. Ord No. 130 of April 27, 1959 (Doc. A/CONF. 19/5,
under Denmark).
2. Denmark-Federal Republic of Germany Agreement of June 7, 1968
provides for traditional German fishing rights.
3. Denmark-Norway-Sweden Agreement of December 19, 1966 provides 3
countries may fish up to a line 4 mi. from baselines in Skagerrak
and Kattegat.
* Principal Source: Limits of the Seas, National Claims to
Maritime Jurisdictions, 2d Revision, State Dept./INR, April 1974.
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Action on Significant UN Resolutions
Moratorium Resolution
(A/RES/2574 D, XXIV, 12,/15/69)
Pending establishment of international regime,
States and persons are bound to refrain from
exploiting resources of or laying claim to any
part of the seabed and ocean floor beyond the
limits of national jurisdiction.
LOS Conference
(A/RES/2750 C, XXV, 12/17/70)
Convene in 1973 a Conference on Law of the Sea
to deal with establishment of international
regime for the seabed and ocean floor, and
enlarge Seabed Committee by 44 members and
instruct it to prepare for the conference draft
treaty articles embodying international regime.
Agai nst
LOS Conference, Timing and Site Adopted w/o vote
(A/RES/3029 A, XXVII, 12/18/72)
Indian Ocean as a Zone of Peace Abstain
(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 Abstain
(A/RES/3029 B, XXVII, 12/18/72)
Called for study of extent and economic signifi-
cance in terms of resources, of international
area resulting from each proposal of limits of
national jurisdiction presented to Seabed Committee.
Peruvian Coastal State Study Resolution In favor
(A/RES/3029 C, XXVII, 12/18/72)
Called for study of potential economic signifi-
cance for riparian states, in terms of resources,
of each of the proposals on limits of national.
jurisdiction presented to Seabed Committee.
Permanent Sovereignty over Natural Resources Abstain
(A/RES/3016 XXVII, 12,/18/72)
Reaffirmed right of states to permanent sovereignty
over all their natural resources, wherever found.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.15
22 July 1974
Denmark and Finland: amendment to draft articles on the territorial
sea and straits contained in document A/CONF.62/C.2/L.3
On page 8, Chapter Three, amend Article 1 as follows:
1. In straits to which this article applies, all ships and aircraft enjoy
the right of transit passage,'which shall not be impeded.
2. Transit passage is the exercise in accordance with the provisions of this
Chapter of the freedom of navigation and overflight solely for the purpose of
continuous and expeditious transit of the strait between one part of the high
seas and another part of the high seas or a State bordering the strait.
3. This article applies to any strait, or other stretch of water which
is more than six miles wide between the base-lines, whatever its geographical
name, which:
(a) is used for international navigation;
(b) connects two parts of the high seas.
4. Transit passage shall apply in a strait only to the extent that:
(a) an equally suitable high seas route does not exist through the
strait; or
(b) if the strait is formed by an island of the coastal State, an equally
suitable high seas passage does not exist seaward of the island.
5. The provisions of Chapter Two, Part III apply to straits used for
international navigation not wider than six miles between the base-lines.
There shall be no suspension of innocent passage of foreign ships through
such straits.
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T V lui9` CO 1 F 3C A/CONF.62/C.2/L.4o
b:x t E M TF LA WW 1 RFA ENGLISH
He =i im 12en7ark~ Federal Republic of _German ,
France, Ireland, Italy Luxembourg, Netherlands
'Phis proposal for a new fisheries regime is intended merely as a basis for
discussion. It is not complete and does not necessarily reflect the final views
of the delegations submitting it.
`These draft articles would be incorporated into an over-all treaty on the
law of the sea.
1. Subject to the articles set forth below, all States shall have the right to
allow their nationals to engage in the exploitation of the fishery resources of
the sea.
2. Such exploitation shall be regulated for the benefit of nationals of all
States in such a way as to ensure the rational exploitation and conservation of
the fishery resources of the sea in the interest of mankind as a whole.
(a) In the zone referred to in article 5, coastal States shall enjoy the
fishing rights defined in these articles;
(b) All States shall maintain close co-operation at both the world and
the regional levels in accordance with the following articles.
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Page 7
PART III: REGIONAL OR SECTORAL FISHERY ORGANIZATIONS
Article 13
1. Fishery organizations, hereinafter called "organizations" shall exercise the
functions laid down in these articles. These organizations shall be responsible
either for a region or for a given species.
States whose vessels fish or are concerned with and equipped for fishing within
a region shall establish a regional organization if one does not already exist. Coastal
States of the region, as well as any State whose vessels fish or are concerned with and
equipped for fishing in this region, shall be members of this organization.
States whose vessels fish or are concerned with and equipped for fishing for
certain species such as tuna and whales shall establish a sectoral organization. This
organization shall be established on a regional or world-wide basis if a competent
sectoral or regional organization does not already exist. Coastal States in whose
zone this activity is exercised, as well as any State whose vessels fish or are
concerned with and equipped for fishing for the species in question, shall be members
of this organization.
2. The constitutions or rules of procedure of these organizations shall ensure their
most effective operation. In particular, they shall provide that the measures
referred to in article 14 are as a general rule adopted by a majority greater than
a simple majority, but not necessarily unanimously, and that they are binding upon the
States members of the organization.
3. Where an appropriate regional or sectoral organization has not yet been
established, the coastal State concerned shall consult with other interested States
if it is unable to take the action provided for under articles 7 and 9 with respect
to such an organization. The decisions taken by the coastal State after such
consultations shall be reviewed each year pending the establishment of the organization.
Article 14
1. The organization shall determine the procedures for applying the principles of
rational exploitation and conservation as well as the basic principles of the measures
to be adopted for this purpose.
2. Within the limits of their competence, they shall exercise the power to adopt the
regulatory measures referred to in articles 2 and 3 in any part of a region beyond the
zone in which a coastal State exercises such powers in accordance with article 10.
3. The organizations shall co-ordinate the scientific research programmes of member
States in order to ensure the supply of appropriate scientific information.
Vessels fishing in the area of competence of an organization are bound to comply
with the measures adopted by such organizations.
Flag States parties to this Convention shall take the necessary steps to ensure
such compliance.
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Page 6
Should the flag State not bring the matter before its Judicial authorities, or
should it fail to reply, the coastal State shall have the right to refer the matter
to its own courts.
If the flag State has decided to bring the matter before its judicial authorities,
it shall inform the coastal State of the outcome of the proceedings.
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4. Any State which considers that such decision taken by the coastal State is in
violation of the rights. accruing to it. under article && may, within two months, have
recourse to the procedure for settlement of disputes provided for in article 20.
5. Pending the decision of the Special Committee, the decision taken by the coastal
State shall remain provisionally valid. However, the State which has referred the
matter to the Special Committee, pursuant to paragraph 4 above, may in addition
request the latter to prescribe certain provisional measures. The Committee shall
rule thereon within six weeks.
6. Every year, the decisions taken by the coastal State and the Special Committee
and the agreement of the States concerned, as provided for, in the preceding paragraphs,
may be reviewed by the organization at the request of any of the interested parties.
The provisions of paragraphs 2 to 5 shall apply to such review.
Article 10
In accordance with the principles of rational exploitation and conservation, the
regulatory measures referred to in articles 2 and 3 shall be taken by the coastal State
in its zone.
Article 11
Vessels fishing in a zone subject to regulation under the conditions provided
for in article 10 shall respect the relevant regulations adopted by the coastal State.
The States whose flags are flown by such vessels shall take the necessary steps
to ensure that these regulations are respected.
Article 12
1. The coastal State may stop, board and inspect fishing vessels within its zone,
if it has valid reason to suspect that they have committed a breach of the fishery
regulations as provided for in these articles.
2. The coastal State may also prosecute and punish offences committed by such vessels
unless the flag State has established a procedure permitting the prosecution and
punishment of breaches of the fishery regulations of the coastal State adopted in
conformity with these articles.
In that case, the coastal State shall send a report attesting the breach of
regulations to the flag State and shall furnish the flag State with any particulars
constituting evidence that such breach has been committed. Within a period of six
months from the receipt of the report attesting that breach, the flag State shall
make known to the coastal State whether or not it has brought the matter before its
judicial authorities so that proceedings may be instituted.
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1. Within the framework of the above-mentioned aims of rational exploitation and
conservation of fishery resources and taking account of the maximum allowable catch
determined by the coastal State pursuant to article 7, as well as any recommendations
made by appropriate organizations also pursuant to that article, the coastal State
may reserve in its zone that part of the allowable catches of one or more species
which vessels flying its flag are able to take.
2. When exercising its right under paragraph 1, the coastal State shall duly take
into account the right of access of other States and particularly of:
(a) States which have habitually fished in the zone;
(b) Developing States of the same region, provided such States have not invoked
paragraph 1 above to reserve for vessels flying their flag all the fish they can catch
in their own zone;
(c) States whose economies are to a very large extent dependent on fishing,
where such States have not satisfied their needs by invoking the provisions of this
article;
(d) States of the same region with limited fishery resources whose economy is
especially dependent on. fishing;
3. In implementing this article, allowance shall be made for cases where the coastal
State adopting the measures referred to in paragraph 1 is a developing country or a
country whose economy is to a very large extent dependent on fishing.
A coastal State may claim the same right with respect to those parts of its
territory in which the population is especially dependent on fishing for its livelihood
and lacks alternative opportunities for permanent employment.
1. A coastal State wishing to avail itself of article 8 shall, in accordance with
article 13, notify the competent organization of the proposals concerning the rights
to one or more species in its zone which it wishes to have reserved to vessels flying
its flag and those to be granted to other States.
3. Failing agreement within four months of notification, the coastal State may
determine, at a level equal to or lower than the proposed level, the rights it will
reserve to vessels flying its flag.
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Page 3
PART II: RIGHTS AND OBLIGATIONS OF COASTAL STATES
In a zone beyond its territorial sea,' hereinafter called "the zone", the coastal
State may exercise the rights and powers set forth in these articles.
Article 5
1. The zone shall not extend beyond (x) nautical miles measured from the baseline
of the territorial sea.
2. The extent of the zone shall be determined by the coastal State, within the limit
referred to in paragraph 1, taking into account all relevant factors, in particular
the geographical characteristics of the area and the fishery resources and their
distribution off its coasts.
Article 6**
Where the coasts of two States are opposite or adjacent to each other, the
delimitation of their respective zones within the limit specified in article 5 shall,
failing agreement between them, be established in accordance with the provisions
of article ...
Article 7
1. When in the interests of conserving any species it is necessary for the coastal
State to fix a total allowable catch within its zone, it shall determine the total
allowable catch so as to ensure the maintenance of the maximum sustainable yield.
2. The coastal State shall submit the figures determined pursuant to paragraph 1 to
the appropriate regional or sectoral organizations. Those organizations may, on the
basis of all relevant scientific data, recommend other figures.
3. Two or more coastal States may by mutual agreement decide to request a regional
or sectoral fishing organization of their choice to determine the figures provided for
in paragraph 1 for all stocks exploited jointly.
The breadth of the territorial sea (maximum 12 miles) will be dealt with
elsewhere, in the provisions relating to the territorial sea.
As this article concerns a problem that is not peculiar to fisheries, it
should contain a reference to a more general provision in the Convention.
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Page 2
PART I: PRINCIPLES OF RATIONAL EXPLOITATION AND CONSERVATION
Article 2
1. Measures necessary for maintaining, re-establishing or attaining the maximum
yield from fishing shall be adopted by States and organizations. These measures
shall be based on scientific data and take into account technical and economic
considerations. They shall be adopted, subject to these articles, in the light
of the regional situation and without discrimination as to form or substance.
2. The measures referred to in paragraph _l shall be formulated having regard
to the need to secure a supply of food for human consumption.
The measures referred to in article 2 may include:
(a) fixing the total allowable catch and its possible allocation;
(b) regulation of fishing activity;
(c) the establishment of closed seasons;
(d) a temporary ban on fishing in certain areas of the sea;
(e) any technical measures (relating3 for example, to fishing gear, mesh
sizes, fishing methods, minimum sizes of fish caught, etc.).
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Article 22
If the factual basis of the award of the special committee is altered owing to
substantial changes in the stock or stocks of fish or other living marine resources or
in methods of fishing, any of the parties concerned may request the organization to
make the necessary changes in the measures of conservation.
If a decision cannot be obtained within a reasonable time, any of the parties
concerned, may again resort to the procedure specified in article 20, provided that at
least two years have elapsed since the original award.
PART VI: RELATIONS WITH OTHER TREATIES
Article 23
1. The provisions of these articles
shall not prejudice the maintenance of any existing special fisheries regime
existing among States members of a customs union;
shall not preclude the establishment of a special fisheries regime among the
States fishing for a particular region for that region or among States members of a
customs union.
2. Where such a special regime exists, vessels of participating States fishing in
the zone of another participating State shall be treated on the same footing as vessels
of the latter for the purpose of article 8, paragraph 1.
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Article 20
I. Any dispute which may arise in the cases referred to in these articles shall, at
the request of any of the parties, be submitted for settlement to a special committee
of five members, unless the parties to the dispute agree to seek a solution by other
peaceful means, in accordance with Article 3,71 of the Charter of the United Natioii .
2. The members of the special committee, one of whom shall act as chairman, shall be
appointed by mutual agreement 'between the parties to the dispute within three months of
the request for settlement in accordance with the provisions of this article. Failing
agreement they shall, upon the request of any party to the dispute, be appointed by the
Secretary-General of the United Pations, within a further three-month period, in
consultation with the parties. to the dispute and with the appropriate United Nations
authorities, from among duly qualified persons not parties to the dispute and
specializing in the legal, administrative or scientific aspects of fisheries, depending
upon the nature of the dispute to be settled. Vacancies shall be filled in the same
manner as the initial appointments were made.
3. Every State party to proceedings under'these articles shall have the right to
designate one person of its choice who shall have the right to participate fully in the
proceedings of the special committee on the sane footing as its members but without the
right to vote or to take part in the drafting of the committee's decision.
4. The special committee shall so organize its own procedures as to ensure that each
party has the opportunity to be heard and to present its case. It shall also decide how
the costs and expenses are to be apportioned between the parties to the dispute, failing
agreement by the parties on this matter.
5. The special committee shall give its decision within five months of the date of
appointment of its members, unless it decides that it is necessary to extend the
time--limit for a further period which shall not exceed three months.
6. In reaching its decisions, the special committee shall comply with these articles
and with the rules of general international law and any special agreements reached
between the parties to the dispute with a view to settling the dispute.
7. The decisions of the special committee shall be adopted by a majority vote.
Article 21
The decisions of the special committee shall be binding on the parties concerned.
The greatest possible consideration shall be paid to any recommendations
accompanying these decisions.
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The organization shall supervise the execution of its decisions.
Supervision shall be based, inter alia, on,the examination of statistics which
States members of the organization are required to compile and make available, and
of all other data obtained from them.
Article 17
1. Within the framework of an organization, its member States may decide, at the
request of a coastal State, to establish in the zone of that State international
fishery monitoring machinery for the purpose of reporting breaches of the regulations
adopted. by that State in accordance with article 10.
To this end, member States may appoint officers authorized to investigate-breaches
of the regulations of that State.
2. The provisions of article 12, paragraph 2, shall be applicable to breaches so
established. The organization shall inform the coastal.State and the flag State of
the findings of any inquiries it has made. The organization shall be kept informed
of the outcome of legal proceedings.
Article 18
In all parts of a region situated outside the zones in which the regulatory powers
referred to in article 10 are exercised, the powers of control and prosecution shall
be exercised by the flag State unless the members of the organization agree upon an
international fishery monitoring regime similar to that referred to in article 17.
PART IV: IIITER14ATIONt1L FISHERIES AUTHORITY
Article 19
The activities of the organizations may be supplemented, as necessary, by those
of an international fisheries authority, either existing or to be set up,* the
function of which could be:
(a) to promote the establishment of new organizations and, where a competent
organization does not exist, to exercise the powers which would normally devolve
upon such organizations;
(b) to encourage all types of technical assistance in respect of fisheries.
* The authority referred to in this article might be FAO.
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UNITED NATIONS
r THIRD CONFERENCE
AU THE I Aid OF THE SEA
Denmark: draft article on anadromous species
Distr.
LIMITED
A/CONF.62/C.2/L.37
5 August 197+
The exploitation of anadromous species shall be regulated by agreement among
interested States or by international arrangements through the appropriate
intergovernmental fisheries organization.
All interested States shall have an equal right to participate in such arrangements
and organizations. Any arrangement shall take into account the interest of the State
of origin and the interests of other coastal States.
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comprehensive convention on the law of the sea there must es on fu~e be included articles setting out the rights and duties
It is clear that in any
Geneva aConvention ongthe High h Such rights and duties are at present codified in n the n some
Seas 1958. It is likely that some provisions of that Convention will renceneed. it
and provisions contained in the
modification in the light of the conclusions reached by this is the view of the co-sponsors that vthealid, principles must remain
Hig1i Seas a in force for areas beyond the
Convention are otherwise new comprehensive convention on
sea, and should incorpora
ted Conference. any
the law of the sea adopted by this
propose additions to the High Seas Convention
Meanwhile le the co-sponsors wish top p
additions under discussion at this Conference. These
related to the other matters
set out below.
directly-
not
are contained in the draft articles
to that of relevant articles in
(The numbering of these articles corresponds
the 1958 Geneva Convention on the High Seas.)
rk France, Germany Fe er
Belgium Denm d Kingdom of Great Britain and
Luxembourg Netherlands and unit=
Ireland: working document on the high seas
UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.5
12 August 191
ORIGINAL: ENGLISH
SECOND COMMITTEE
al Republic of Ireland
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Page 2
Article 6 his
1. Every State is obliged effectively to exercise its jurisdiction and control in
administrative, technical and social matters over ships flying its flag.
2. In particular, the flag State shall, in addition to its obligations under
article 10 below, take the following action in respect of ships flying its flag:
(a) maintains a register of-shipping containing the-names and particulars of
ships flying its flag;
(b) cause each such ship, before registration and thereafter at the intervals
prescribed by international regulations, to be surveyed by a qualified surveyor of
ships;
(c) ensure that each such ship is in the charge of a master-and officers who
possess appropriate qualifications, in particular in'seamanship,;navigation and marine
engineering, and that the'crew is appropriate in qualification and numbers for the type,
size and equipment of the ship;
(d) ensure that each such ship has on board adequate. charts, nautical publications
and navigational equipment and instruments appropriate for the-safe navigation of the
ship;
(e) cause an inquiry to be held by or before a suitably qualified person or
persons into every marine casualty or incident of navigation on the high seas
involving a ship flying its flag and causing loss of life or serious injury to
nationals of another State, or serious"danage to shipping or installations of another
State or to the marine environment;
(f) assume jurisdiction under its municipal law over each such ship and over the
master, officers and crew in respect of administrative, technical and social matters
concerning the ship; and
(g) take the necessary measures to ensure that the master and officers are
fully conversant with and are required to observe the appropriate applicable
international regulations concerning the safety of life at sea, the prevention and
control of marine pollution, the prevention of collisions and the maintenance of
communications by radio.
Without prejudice to paragraph 1 of this article, the requirements of this paragraph
do not apply to ships or 'boats which are excluded from generally accepted international
regulations on account of their small size.
3. The flag State, in taking measures required under paragraph 2 above shall conforn
to generally accepted international regulations, procedures and practices.
k. A State which has reasonable grounds to suspect that proper jurisdiction and
control has not been exercised in accordance with this Convention may report the facts
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to the flag State and request it to investigate the matter further. Upon receiving
such a request, the flag State shall investigate the matter, take any action necessary
to remedy the situation and notify the requesting State of the action taken.
The flag State shall co-operate in the conduct of any inquiry held in another
State into any marine casualty or incident of navigation causing loss of life or
serious injury to nationals or damage to ships or other installations of that other
State, or to the marine environment.
Article 10 J
1. Every State shall take such measures for ships under its flag as are necessary to
ensure safety at sea with regard inter alia to:
(a) the use of signals, the maintenance of communications and the prevention
of collisions;
(b) the manning of ships and labour conditions for crews taking into account the
applicable international labour instruments;
(e) the construction, equipment and seaworthiness of ships.
2. In taking such measures each State is required to conform to generally accepted
international standards and to take any steps which may be necessary to ensure their
observance.
3. A State which has reasonable grounds for suspecting that such measures have not
been taken may report the facts to the flag State and request it to investigate the
matter further. Upon receiving, such a request, the flag State shall investigate the
matter, take any action necessary to remedy the situation and notify the requesting
State of the action taken.
Article 21 bis
1. All States shall co-operate in the suppression of illicit traffic in narcotic
drugs by ships on the high seas, contrary to international conventions.
2. Any State which has reasonable grounds for believing that a vessel is engaged
in illicit traffic in narcotic drugs may, whatever the nationality of the vessel but
provided that its tonnage is less than 500 tons, seize the illicit cargo. The State
which carried out this seizure shall inform the State of nationality of the vessel
in order that the latter State may institute proceedings against those responsible for
the illicit traffic.
3. Any State which has reasonable grounds for believing that a vessel flying its flag
is engaged in illicit traffic in narcotic drugs, may request the co-operation of another
State to put an end to this.
1/ The close relationship between articles 6 bis and 10 might enable them to be
idereA desirable.
er s
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a ;e It
L. All States shall co-operate in the repression of unauthorized broadcasting from
the high seas.
2. "Unauthorized broadcasting" consists of the transmission of sound radio or
television broadcasts from a ship or installation on the high seas intended for
reception by the general -public contrary to international regulations, but excluding
the transmission of distress calls.
3. Any person engaged in unauthorized broadcasting from the high seas may be prosecuted
before the Court of the flag State of the vessel, the place of registry of the
installation, the State of which the person is a national, any place where the
transmissions can be received or any State where authorized radio communication is
suffering interference.
4. On the high seas, any of the States having jurisdiction in accordance with
paragraph 3 above may, in conformity with article 22 below, arrest any person, or
ship engaged in unauthorized broadcasting and seize the broadcasting apparatus.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.1/L.8
16-August 1974
Belgium, Denmark, France, Germany, Federal Republic of, Italy,
Luxembourg, Netherlands, United Kingdom of Great Britain and
Northern Ireland: working document. Annex to the Law of the
Sea Convention: conditions of exploration and exploitation
(Circulated in accordance with the decision taken by the Committee
at its informal meeting on 16 August 197+)
In the view of the delegations co-sponsoring this working paper it is essential for
conditions of exploration and exploitation to be included in any Law of the Sea
Convention.
While this paper does not necessarily represent the final views of its co-sponsors,
either as to substance or as to placement of the conditions, it is an illustration of
the kind of conditions that would need to be included in the Convention. It is not a
comprehensive and detailed set of conditions and is merely intended as an aid to the
Committee's work on this subject.
1. Definition of activities
(i) Prospecting, evaluation and exploitation in the International Sea-bed Area of
the resources referred to in article VI shall be subject to the conditions set
out in this annex.
(ii) Prospecting means a general survey of a large area with a view to collecting
data on the basis of which a determination can be made as to specific areas
meriting evaluation. Prospecting may include all work involving geophysical
and geochemical surveys and sea-bed sampling, excluding drilling deeper than
50 metres.
(iii) Evaluation means work, following prospecting, involving the use of
considerable technical and financial means in order to confirm the existence,
to evaluate the consistency and to demonstrate the exploitability of the
resources of a specific area.
(iv) Exploitation means the extraction of resources for commercial and
industrial purposes from a specific area.
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A/CONE.b2/c.1/L.b
English
Pp -e 2
U. Pros2eectin
(i) Prospecting shall be open in the international Sea-bed Area, other than in
areas in respect of which contracts have been awarded in accordance with
article III, subject to a detailed declaration being made to the. Authority
by the entity wishing to carry out prospecting.
(ii) The declaration shall indicate the area in which it is planned to carry out
prospecting. The declaration shall be effective for two years and may be
renewed. It shall not give any exclusive right in respect of the area.
(iii) The declaration shall cease to be effective as regards any part of the
prospecting area concerned which becomes an area in respect of which a
contract has been awarded.
(iv) The entity shall inform the Authority of the results of the prospecting
undertaken. The results shall be held confidential by the Authority.
III. Award of contracts
(i) The Authority shall award contracts, in accordance with the procedure set out
in paragraph (iii) below,. giving an entity or group of entities the exclusive
right to undertake the evaluation and exploitation (as defined in article I)
of resources in a specific area.
(ii) In the case of a group of entities, they shall designate one of them who will
represent them with respect to the Authority and who will exercise powers and
accept responsibility on behalf of the group.
(iii) The Authority l/ shall award contracts pursuant to the procedure set out below.
An application for a contract in respect of the evaluation and exploitation
of a category, or categories, of resources in a specific area may be submitted
to the Authority, except as regards an area in respect of which a contract
has already been awarded with respect to the category, or categories, of
resources referred to in the application.
The application shall. include all relevant data, including results of
prospecting for the resources in question in the particular area carried
out by or-on behalf of the applicant.
Such data contained in the application received by the Authority shall be held
confidential On receipt of the application the Authority shall award a
contract provisionally to the applicant, provided the limitation specified in
article IV is not exceeded. The award of such a contract shall be.publicized
immediately after it has been made. Provided that no competing application is
received within one month after such publication the award of the contract
shall become definitive.
l/ An organ of the Authority to be agreed upon.
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In the event that competing applications are received, the Authority
shall reconcile such applications on the basis of the following
objective criteria (to be determined). 1/
IV. Maximum number of contracts
An applicant may not hold more than six contracts at any one time in
respect of each category of resources.
V. Assignment of contracts
In the case of an assignment the terms and conditions of the contract
of the assignor shall continue to apply to the assignee.
VI. Categories of resources
Contracts shall be awarded for one or both of the two following categories
of resources:
(i)
liquid and gaseous hydrocarbons, helium, carbon dioxide and
geothermal energy.
(ii) any mineral substance, in particular polymetallic and phosphate
nodules.
VII. Size of areas
Areas, delimited by meridians and parallels according to a grid system
drawn up by the Authority, shall, before the relinquishment referred to
in article IX, have a maximum surface of:
(i) 9,000 sq. kms. in the case of the resources referred to in
article VI (i) and,
(ii) 60,000 sq. kms. in the case of the resources referred to in
article VI (ii) above.
VIII. Duration
(i)
Contracts shall have a duration of 30 years. They shall thereafter
be renewed every 10 years if the contractor so requests, for a
maximum period of 50 years.
(ii) An area in respect of which a contract has been awarded shall be freed
of any exclusive right:
Proposals on this subject will be submitted by the co-sponsors in due course.
/...
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I. ao the ?n4 or the .;oi,tract i:eriod or of a renewal period, if no
further renewal period is requested in accordance with paragraph (i)
(iii) Parts of an area relinquished or renounced shall likewise be freed of
any exclusive right.
IX: Relinquishment and renunciation
(i) The contractor shall relinquish one third of the area in respect of which
it has been awarded a contract before beginning any exploitation.
(ii) The contractor may at any time renounce the whole or part of the area
in respect of which it has been awarded a contract-
(iii) Relinquishment or renunciation shall be carried out on the basis of the
grid system referred to in article VII.
(iv) The Authority, within a period of three months after relinquishment or
renunciation, shall publicize the areas, or parts of areas, which have
been relinquished or renounced.
X. Work requirement
(i) The applicant shall undertake:
- to spend ... each year prior to exploitation (levels of expenditure, on
a graduated scale, to be worked out)
- to begin exploitation within a period not longer than 10 years after the
award of the contract and
- not to interrupt exploitation for more than 3 years, except. in the case
of force ma,jeure, proof of which shall be submitted to the Authority.
(ii) In the event of an infringement of the obligations provided for in
paragraph (i) the Authority shall give written notice to the contractor
specifying the infringement and giving the contractor a reasonable period,
in any case not __a3s than six months, to remedy the infringement. If the
infringement is not remedied within the period specified then the Authority
shall terminate the contract on giving six months written notice to the
contractor. If the contre.ctcr challenges the ground of termination,
termination shall only take place in accordance with a decision given by
the tribunal established under article ... of the Convention.
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XI. Participation of nationals of countziej w thoat sea-bed exploration and
exploitation capability
The applicant shall indicate in his application the steps to be taken in order to
ensure the participation in the activities envisaged of nationals of countries without
sea-bed exploration and exploitation capability, with a view to ensuring the training
of such nationals.
Non-interference with other activities
(1) The work undertaken and safety zones established round installations and
devices pursuant to article XV (ii), and in general activities exercised
within the framework of this annex, shall not impede in an unjustifiable
way the exercise of other lawful activities.
(ii) If areas relating to different categories of resources totally or partially
overlap, each contractor shall exercise its respective activity in such way
as not to impede in an unjustifiable way the activity of any other
contractor.
XIII. Regulatory arrangements
(i) The necessary measures shall be taken to:
(a) protect the installations and devices referred to in article XV (i)
(b) enforce technical rules, particularly with a view to the maximum
exploitation of resources, compliance with security measures, and
protection of the environment.
(ii) The Authority shall be notified of the measures taken in implementation of
paragraph (i).
(iii) (Questions of private law).
(iv) The contracts awarded by the Authority shall contain provisions relating
to the safety of human life, the protection of the environment and
non-interference with legitimate uses of the sea.
XIV. Inspection and supervision information to be supplied to the Authority
(i) The Authority shall be entitled to carry out inspection and supervisory
measures, in accordance with the terms of the contract, in order to ensure
that work is undertaken in conformity with this Convention and its annexes.
(ii) The contractor shall place at the disposal of the Authority any information
concerning resources it has collected during work carried out in an area.
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XV. Installations and devices and safety zones
(i) For the purpose of this annex `installations and devices" means:
(a) platforms and other fixed devices, as well as their attachments
(b) ships, marine installations and floating devices and
(c) underwater habitats and vehicles, either floating, standing on, or
moving over, the sea-bed
which are used for the purposes of evaluation or exploitation.
(ii) A "safety zone" shall be established around the installations and devices
referred to in paragraph (i) (a), up to a distance of 1,000 metres measured
horizontally from each point of the external limit of such installations
and devices.
XVI. Marking of installations and devices and publicity to be given to nautical
information
(i) Marine marking of installations and devices and safety zones shall be
established and maintained, in conformity with international rules.
(ii) Appropriate publicity shall be given to nautical information relating to
evaluation and exploitation.
Financial arrangements
To be determined.
Settlement of disputes
To be determined.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Austria,. Belgium, Lolivia., Botsyana, Denmark, Germany, Federal
Republic of, Laos, Lesotho, Liberia, Luxembourg, Nepal,
Netherlands, Paraguay, Singapore, Uganda, Upper Volta and Zambia:
draft articles on marine scientific research
Note: These draft articles do not necessarily represent the final position
of the sponsors on individual articles or on the draft as a whole. Sponsorship
does not prejudice their position on previous or future draft proposals.
Article 1
"Marine scientific research" means any study of and related experimental work in
the marine environment, excluding industrial exploration and other activities aimed
directly at the exploitation of marine resources, designed to increase man's knowledge
ind conducted for peaceful purposes.
Article 2
All States, whether coastal or land-locked, as well as appropriate international
organizations, have the right to conduct marine scientific research subject to the
provisions of this Convention.
Article 3
Marine scientific research shall be conducted with due regard to other legitimate
uses of the sea and it shall not be subject to undue interference caused by such
other uses.
Article 4
Marine scientific research shall be conducted in conformity with those provisions
of this Convention and other rules of international law concerning the preservation
of the marine environment.
Article 5
Marine scientific research within the territorial sea established in accordance
with this Convention may be conducted only with the consent of the coastal State.
Requests for such consent shall be submitted to the coastal State well in advance and
answered without undue delay.
C-1813
Distr.
LIMITED
A/CONF.62/C.3/L.19
23 August 1974
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I. Marine scientific research beyond the territorial sea, in areas where a coastal
State enjoys certain rights over resources in accordance with this Convention, shall
be conducted by States as well as by appropriate international organizations in such
a manner that these rights of coastal States are respected, for which purpose the
coastal State shall:
(a) be given at least ... months' advance notification of the proposed
research project;
(b) be given as soon as possible a detailed description of the research
project, including Objectives, methods and instrumentation, locations and time
schedule, and information on the research institution concerned and on the
ocientific staff to be employed;
(c) be promptly informed of any major changes with regard to the description
of the proposed research project;
(d) have the right to participate directly or indirectly in the research project;
(e) have access to all data and samples obtained in the course of the research
project and be provided, at its request.; with duplicable data and divisible samples;
(f) be given assitance., at its request, in the interpretation of the results
of the research project.
States and appropriate international organizations conducting marine scientific
research in the areas referred to in paragraph 1 above shall take due account of the
legitimate interests and righ.cs of the neighbouring land-locked and other
geographically disadvantaged Statcs of the region, as provided for in this Convention,
and shall notify these States of the proposed research project, as well as provide, at
their request, relevant infoctnatinn Ycd assitance as specified in paragraph 1 (b), (c)
and (f) above. Such neighbouring land-locked and other geographically disadvantaged
States shall be offered, at their request, where research facilities permit, the
opportunity to participate in the -roposed research protect.
3. States and appropriate nternational organizations engaged in the conduct of
marine scientific research s::all ensure that the research results are published
02 soon as possib7~ in -ea.-ily available scientific publications and that copies of
eiich publications are supplied directly to the coastal State and to neighbouring
and-locked and other geographically disadvantaged States.
Deep drilling or the use of explosives for the purpose of marine scientific
search likely to affect the sea-bed or its subsoil may be conducted only with the
(-)ng?nt of the coastal State, Requests for such consent, shall be submitted to the
coectal State well in advance and answered without undue delay.
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i. Disputes concerning the interpretation or application of this article shall, at
the request of any party to such dispute, be settled in accordance with the procedures
set out in the relevant articles of this Convention.
Article 7
Marine scientific research beyond the areas specified in articles 5 and 6 above
may be carried out by all States, whether coastal or land-locked, and by appropriate
international organizations.
Article 8
'_. States shall, on the basis of mutual respect for sovereignty and mutual benefit,
promote international co-operation in marine scientific research.
2. States shall co-operate with one another through the conclusion of bilateral and
multilateral agreements to ensure favourable conditions for the conduct of marine
scientific research for peaceful purposes, the removal of obstacles to such research
and the co-ordination of efforts by scientists in studying the phenomena and processes
occurring in the marine environment.
States shall individually and in co-operation with other States and with appropriate
international organizations actively promote the flow of scientific data and information,
the transfer of experience gained from marine scientific research to developing and
land-locked countries and the strengthening of the independent marine scientific
,esearch capabilities of developing countries, particularly land-locked among them, by
such means as programmes to provide adequate training of their technical and scientific
personnel.
1F. States shall facilitate the availability of information and knowledge resulting
from marine scientific research by effective international communication of proposed
major programmes and their objectives, and by publication and dissemination through
international channels of their results.
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. Ringkebing Herningo
Alborg ? \~
edericia
DENMARK
International boundary
??~ Denmark-Sweden
territorial sea
boundary
----- Ferry
Sjml/a
,Sore
Roskilde
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GREENLAND
J(Denmark)
OtJEEIV, ELIZABETH
5`ISL'l NDS
~s u
aX LANC1/
' ' Jan Ma e ln
(No
Canada-Greenland 1973
Continental Shelf Agreement
200 nautical mile limit
Permanent polar ice and
ice cap
Bathymetry
0 200
meters
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Secret
Secret
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