LAW OF THE SEA COUNTRY STUDY BOLIVIA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-01054A000300080001-0
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 63
• Document Creation Date: December 9, 2016
• Document Release Date: March 27, 2001
• Sequence Number: 1
• Publication Date: May 1, 1975
• Content Type: STUDY

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For the purposes of these draft articles "maritime port" is understood to signify
any port receiving sea-going vessels and serving international economic relations or
transit of land-locked States. The granting of most favourable conditions to
land-locked States, as provided in draft articles V and VI should balance the very
considerable disadvantages of States having no sea coast or maritime ports.
Also belonging to this group of articles are rules concerning free zones and
other facilities which may be provided, according to article VII, at the ports of
entry and exit in the transit States, of course by. agreement between those States
and the land-locked States concerned. Such zones, which will be needed mostly in
those maritime ports where a free port does not exist, shall be exempted from the
customs regulations of the coastal States; they remain, however, subject to their
jurisdiction with regard to police and public health regulations.
It should be recalled that the main provision of article VII of the draft is
identical with article 8, paragraph 1 of the 1965 New York Convention.
As provided in article VIII of the draft, in the ports of transit or free zones,
land-locked States shall have the right to appoint customs officials of their own,
empowered in accordance with practice of States to make necessary arrangements and
supervise operations and services for movement of traffic in transit. This draft
provision reflects practice existing in different coastal States on the, basis of
their bilateral agreements with neighbouring land-locked countries. It is believed
that such practice should become a general standard.
(c) Provisions relating to questions of transport and communications
Articles IX-XIII of the draft include provisions regulating different questions
of transport and communications.
According to article IX, transit States shall provide adequate means of transport,
storage and handling facilities at the points of entry and exit, and at intermediate
stages for the smooth movement of traffic in transit. This draft article corresponds
again to a similar provision of paragraph 1 of article 4 of the 1965 New York
Convention.
Article X may be considered as an innovation according to which the land-locked
States, in agreement with the transit State or States concerned, shall have the right
to construct, modify or improve means of transport and communications or the port
installations and equipment in the transit States when such means are inadequate or
may be improved in any respect. Such principle, however, is justified by the need to
develop and improve the means of transport and communications which, in the second
half of the twentieth century are much greater than in previous periods.
Article XI, dealing with delays or difficulties in traffic in transit, is
identical with article 7 of the 1965 New York Convention.
Some additional provisions to the general principle of freedom of transit are
included in articles XII and XIII:
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.In the first of these provisions, the right of land-locked States to access to
and from the sea through navigable rivers wl.ieh pass through their territories and the
territories of transit States or which form a common boundary between those States
and the land-locked States, should be recognized. This provision concerns all
navigable rivers which may be used for traffic in transit, be they declared as
international in a special legal instrument or not.
It should be recalled that from the historical point of view navigable rivers
were the first means of communication used for international transit and that in
the 1921 Barcelona Statute on Freedom of Transit its contracting parties assumed the
obligation "to facilitate free transit by rail or waterway on routes in use convenient
for international transit".
By the second. of the above mentioned articles is provided the right of land-locked
States to use one or more of the alternative routes or means of transport for purposes
of access to and from the sea. Though an innovation, this provision is justified by
the need to ensure the speedy and smooth movement of traffic in transit that might be,
in fact, hindered or made more expensive when limited to a single route of access
to the sea.
(d) Sovereignty of transit States and protection of their rights
Land-locked States, while possessing the rights provided for in the draft articles,
which are derived from the principle of their free access to and from the sea, are
well aware that transit States maintain sovereignty over their respective territories.
However, this provision shall not be construed as prejudicing territorial
disputes of any kind.
Therefore, in article I the inclusion of pipelines, gaslines, and storage tanks
when they are used for traffic in transit and other means of transport in the definition
of "means of transport" shall remain "subject to appropriate arrangements as and
when necessary". According to article VII free zones and/or other facilities at the
ports of entry and exit in the transit States may be provided, but it shall be done
by agreement between those States and the land-locked States. Any improvement of the
means of transport and communications that would be made by the land-locked States
under the scope of article X should be subject to agreement with the transit State or
States concerned.
Moreover, the draft articles include a general clause safeguarding the rights of
transit States against eventual infringements of any kind: according to article XIV
the transit State shall have the right to take all indispensable measures to ensure
that the exercise of the right of free and unrestricted transit shall in no way
infringe its legitimate interests.
Furthermore, the 1973 draft articles include in article XV a special provision
concerning "temporary deviations in exceptional cases". This provision is identical
with the language of article 7 of the 1921 Barcelona Statute and analogical to
article 12 of the 1965 New York Convention.
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(c) Question of reciprocity
The land-locked States attach a great importance to a Just solution of the
question of reciprocity.
As is known the 1958 Geneva Convention on the High Seas in its article 3, and
in similar terms the 1965 New York Convention on the Transit Trade of Land-Locked
Countries in its article 15, have secured to land-locked States the freedom of transit
"on a basis of reciprocity". These provisions were apparently based on a wrong
supposition that both the land-locked and the transit States have comparable positions
and identical needs for transit. This is however not the case, for the purpose of
free transit of land-locked countries is just that of ensuring them the exercise of
their right of access to and from the sea.
The present draft declares therefore that "reciprocity shall not be a condition
of free transit of land-locked States" the fulfilment of which might be required by
transit States in favour of their own transit to any other country, for it would not
be necessitated by the need for access to the sea. Such condition would not be just,
in particular, in relation to those land-locked countries which are surrounded by
several transit States.
At the same time article XVI of the draft does not exclude the possibility of
providing reciprocal transit facilities under special agreements, if the level of
relations between the partners concerned or their other interests lead them to such
arrangements. Certainly, exact economic data would permit to recognize in each
individual case whether at all, or to what degree, both sides might derive benefits
from reciprocity, or a strict application of this condition would create an unbalanced
burden for the land-locked State alone.
(f) Position of land-locked States in the regime of the sea-bed and their participation
in the Sea-Bed Machinery
The draft articles submitted by land-locked States also contain, in the form of
general guidelines, certain provisions concerning their participation in the exploration
and exploitation of the sea-bed and its resources.
Article XVII.first declares that land-locked States shall have the right of free
access to and from the area of the sea-bed, a principle which was already raised in
discussions on the regime of the sea-bed in the Sea-Bed Committee. For this purpose
the land-locked States shall have the right to use all means and facilities provided
with regard to traffic in transit.
It is obvious from the language of this provision that land-locked States do not
require some privileges in this respect, but only equal rights and opportunities in
the framework of the regime to be established for the area of the sea-bed beyond the
limits of national jurisdiction. The aim of this article is to ensure that
land-locked States will exercise free and unrestricted transit across the territory
of one or more transit States not only for reasons of their access to the surface
and waters of the sea for purposes of its traditional uses, such as navigation,
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fisheries and others, but as well to its newly accessible areas of the sea-bed and
subsoil thereof. Of course, their activities in this area shall be governed by
princjples and provisions of the Convention concerning the r6gime of the sea-bed and
its machinery.
Furthermore, article XVIII includes some guidelines regarding representation of
land-locked States in organs of the future international organization of the sea-bed
in which not all member States would be represented, in particular in its Council. In
such organs there should be an adequate and proportionate number of land-locked States,
both developing and developed.
Article XIX deals with the very crucial point of decision-making in the machinery.
It is understandable why the land-locked States, as a group of countries facing special
problems arising from their disadvantaged geographical position in relation to the seas,
insist on observing the principle that decisions of substance shall be made with due
regard to their special needs and problems.. It means that on questions of substance
which affect the interests of land-locked States, decisions shall not be made without
their participation or even against them. In this connexion the land-locked States
maintain the view that they shall have equal rights in the decision-making process of
the machinery.
(g) Relation of the general regulation to special agreements and question of
most-favoured-nation clause
As has been already stcted, a general regulation of the problems of land-locked
countries would not at all exclude the possibility of concluding bilateral, regional
or multilateral agreements in which special arrangements would be made. On the
contrary, the draft requires the settlement of specific questions between the
land-locked and transit States concerned in such agreements. Therefore, article XX
of the draft states that the provisions of the future Convention governing the right
of free access to and from the sea shall not abrogate existing special agreements
between two or more States, nor shall they raise an obstacle as regards the conclusion
of such agreements in the future.
On the other hand, the regulatory role of the new Convention, which will introduce
a general standard, must be preserved. The same article XX provides therefore that
in case existing special agreements ensure less favourable conditions than those
which will be contained in the Convention, the States concerned will undertake that
they shall bring them in accord with the present provisions at the earliest occasion.
A similar undertaking is usual in conventions dealing with a general regulation.
It was also provided in article 10 of the 1921 Barcelona Statute on Freedom of Transit.
Of course, the future Convention, as the 1965 New York Convention, shall not
preclude providing greater facilities in special agreements.
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Since the new Convention would establish rights and facilities in view of the
special geographical position of land-locked States and their fundamental right to
free access to and from the sea, its provisions, as well as provisions of special
agreements regulating the exercise of the right of free access to and from the sea
and the area of the sea-bed, should be excluded from the application of the most-
favoured-nation clause in favour of any third State. This principle, included in
article XXI of.the draft, is analogical to article 10 of the 1965 New York Convention.
Similarly, it does not prevent the extension of facilities and special rights
that would be accorded to land-locked States under the new Convention or special
agreements in favour of a land-locked State which would not become a party to this
Convention on the basis of the most-favoured-nation clause of a treaty between that
land-locked State and a contracting State of the Convention which have arranged suo*
facilities and special rights.
The last provision of the draft (article XXII) includes a principle concerning
settlement of disputes that would. arise from the interpretation and application, of the
articles relating to land-locked countries. This principle, too, is drafted in general
terms, stating that any such dispute "shall be subject to the procedures for the
settlement of disputes provided for in the Convention".
Therefore, it is no way prejudicial to a later agreement on procedures that
would govern the settlement of disputes arising from the interpretation and application
of other provisions of the future Convention on the Law of the Sea.
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UNITED NATIONS
GENERAL
ASSEMBLY
THIRD UNITED NATIONS CONFERENCE
ON THE LAW OF THE SEA
THE KAMPALA DECLARATION*
Distr.
GENERAL
A/CONF.62/23
2 May 1974
The Conference of the Developing Landlocked and other Geographically
Disadvantaged States, meeting in Kampala, Uganda, from 20 March to 22 March 1974,
Having in mind the Third United Nations Conference on the Law of the Sea,
inauguarated in New York on 3 December 1973, the second session of which is due to
be held in Caracas, Venezuela, from 20 June to 29 August 1974,
Aware of the fact that the Conference.is called upon to draw up a future
comprehensive legal order for the sea and ocean space,
Believing that the Conference should strive, in drawing up the said order, to
ensure the common interests of the international community as a whole and to
provide for the orderly and equitable development and enjoyment of ocean resources,
with the participation of all nations, including the land-locked and other
geographically disadvantaged States,
Emphasizing the necessity of taking into consideration the needs and interests
of the developing countries, particularly those of the land-locked and other
geographically disadvantaged States,
Calling once again the attention of all States to the vital role and importance
of the exercise by land-locked States of their right of free access to and from the
sea, and their right of free transit and other facilities in the process of their
economic development, and recognizing that developing land-locked States are among
the least developed of the developing countries,
AffirminL that the peaceful uses of the sea and the development and enjoyment
of its resources represent vital and crucial elements of trade, commerce and
communications in the world, which in turn play a very significant role in the
process of economic development of nations,
* Circulated as a Conference document at the request of the Permanent
Representative of Uganda.
74-11269
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Recognizing the needs of the land-locked States for the availability,
suitability and operating efficiency of the transportation system, and port and
other facilities in the transit States, upon which facilities they depend for
their international trade,
Recalling that numerous international legal instruments have recognized the
rights of land-locked States of free access to and from the sea and other related
matters,
Convinced that the viability of the legal order of the oceans depends upon
the fulfilment of the needs and interests of all nations on the basis of equality
and non-discrimination in attaining higher levels of economic prosperity for their
peoples,
Declares that the future legal order of the oceans should embody in an
appropriate form the following principles representing the essential rights and
interests of the developing land-locked and other geographically disadvantaged
States:
1. The right of land-locked States of free and unrestricted access to and
from the sea is one of the cardinal rights recognized by international law.
2. The right of geographically disadvantaged States of free and
unrestricted access to and from the high seas is one of the cardinal rights
recognized by international :Law.
3. Transit States shall respect and facilitate the exercise of the right of
free access to and from the sea by land-locked States and their right of free and
unrestricted transit, and provide them with all other facilities necessary for
traffic in transit without discrimination, by all means of transport
and communication, through all the routes of access in the -transit
State.
4. Land-locked States and other geographically disadvantaged States shall have
the right of free access to and from the area of the sea-bed, in order to enable
them to participate in the exploration and exploitation of the area and its
resources and to derive benefits therefrom.
5. In order that land-locked States shall exercise the right to sail ships
under their own flag and to use ports, coastal States shall respect the right of
land-locked States to use on an equal basis, facilities, equipment and all other
installations in the ports.
6. Traffic in transit shall not be subject to any customs duties, taxes or
other charges except charges :Levied for specific services rendered in connexion
with such traffic.
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7. Land-locked and other geographically disadvantaged States shall be
adequately and proportionately represented in all the organs of the international
sea-bed machinery, the decisions of which shall be made with due regard to their
special needs and problems.
8. In the exploitation of the resources of the sea and sea-bed and subsoil
thereof, beyond the territorial sea, the following principles shall apply:
(a) The rights and interests of all States, whether coastal or land-locked
shall be taken into account.
(b) All rights which land-locked and other geographically disadvantaged States
have with regard to such resources under existing international law shall be
maintained.
(c) The international area that would be governed under the concept of the
common heritage, within the meaning of United Nations General Assembly resolution
2467 A (XXIII), shall be so extensive and contain such resources, as to ensure
viable economic exploitation.
9. With respect to the exercise of jurisdiction over resources in areas
adjacent to the territorial sea, the land-locked States and other geographically
disadvantaged States shall have equal rights with other States and without
discrimination in the exercise of such jurisdiction, in accordance with
international standards to be drawn up by the Third United Nations Conference on
the Law of the Sea.
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UNITED NATIONS
THIRD CONFERENCE
E ~
:_. ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.33
31 July 1974
Austria, Belgium, Bolivia, Botswana, Byelorussian Soviet Socialist
Republic, Czechoslovakia, Federal Republic of Germany, Finland,
Hungary, Laos, Lesotho, Luxembourg, Mongolia, Netherlands, Paraguay,
Singapore, Swaziland, Sweden. Switzerland, Uganda, Upper Volta and
Zambia: draft articles on territorial sea
The following draft articles on the territorial sea reflect the basic attitude of
the sponsors concerning some questions relating to the territorial sea. Regarding the
problem of delimitation of the boundary lines of the territorial seas in the case of
opposite or adjacent coasts, the sponsors recogrnize the need for further elaboration of
the rules laid down in the respective Geneva Conventions and are willing to listen in
a spirit of compromise to any suggestion which may be inrde on the subject.
The proposal contained in document A/COI.F.62/C.2!L.14 is considered a very valuable
basis for discussion of this matter.
The problem of the semi-enclosed seas has not been referred to in the present draft
articles; the sponsors nevertheless wish to indicate their willingness to consider any
formula relating thereto.
1. The sovereignty of a State extends, beyond its land territory and internal waters,
to a belt of sea adjacent to its coast, described as the territorial sea.
2. The sovereignty of a coastal State extends to the air space over the territorial
sea as well as to its bed and subsoil.
3. This sovereignty is exercised subject to the provisions of these articles and to
other rules of international law.
1. Each State shall have the right to establish the breadth of its territorial sea up
to a limit not exceeding 12 nautical miles, measured from baselines drawn in accordance
with articles ... of this Convention.
C-0785
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2. The right referred to in paragraph 1 shall not be exercised by a State in such a
manner as to cut off from the high seas the territorial sea of another State or any part
thereof.
Except where otherwise provided in these articles, the normal baseline for
measuring the breadth of the territorial sea is the low-water line along the coast as
marked on large-scale charts officially recognized by the coastal State.
1. In localities where the coastline is deeply indented and cut into, or if there is
a fringe of islands along the coast in its immediate vicinity, the method of straight
baselines joining appropriate points may be employed in drawing the baseline from which
the breadth of the territorial sea is measured.
2. The drawing of such baselines must not depart to any appreciable extent from the
general direction of the coast, and the sea areas lying within the lines must be
sufficiently closely linked to the land domain to be subject to the regime of internal
waters.
3. Baselines shall not be drawn to and from low-tide elevations, unless lighthouses
or similar installations which are permanently above sea level have been built on them.
4. Where the method of straight baselines is applicable under the provisions of
paragraph 1, account may be taken, in determining particular baselines, of economic
interests peculiar to the region concerned, the reality and the importance of which are
clearly evidenced by long usage.
5. The system of straight baselines may not be applied by a State in such a manner. as
to cut off from the high seas the territorial sea of another State.
6. The coastal State must clearly indicate straight baselines on charts, to which due
publicity must be given.
1. Waters on the landward side of the baseline of the territorial sea form part of
the internal waters of the State.
2. Where the establishment of a straight baseline in accordance with article ... has
the effect: of enclosing as internal waters areas which have previously been considered
as part of the territorial sea or of the high seas, a right of innocent passage, as
provided in articles ..., shall exist in.those waters.
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Article
1. This article relates only to bays, the coasts of which belong to a single State.
2. For the purpose of these artic_es, a bay is a well-marked indentation whose
penetration is in such proportion to the width of its mouth as to contain land-locked
waters and constitute more than a mere curvature of the coast. An indentation shall
not, however, be regarded as a bay unless its area is as large as, or larger than, that
of the semi-circle whose diameter is a line drawn across the mouth of that indentation.
3. For the purpose of meo.surement, the area of an indentation is that lying between
the low-water mark around the shr.re of the indentation and a line joining the low-water
narks of its natural entrance points. Where, because of the presence of .slands, an
indentation has More than one mouth, the semi-circle shall be drawn on a line as long as
the sum total of the lengths of --.he '.ines across the different mouths. Islands within
ar indentation sha_-. be incindeu ,,s if they were part of the water areas of the
indentation.
4. If the d4stance betwef.n the low-water marks of the natural entrance points of a bay
does not exceed ... Tiles, e. clot ing lino may be drawn between these two low-water
marks, ann the waters enclo;3ed thereby shall be considered as internal waters.
5. 4lheie th distance bet,reen the low-water marks of the natural entrance points
of a bay exceeds ... miles, a straight baseline of ... miles shall be drawn within the
bay in such a manner as to enclose the maximum area of water that is possible with a
line of that 2.ength.
6. The foregoing provision shall not apply to so-called "historic" bays or in any
case where the straight baaeli.ne: system provided for in article ... is applied.
Article
For the purpose of delimiting the territorial sea, the outermost permanent harbour
works which form part of the harbour system ^nd which are above water at high tide shall
be regarded as forming part of the coast.
Article
Roadsteads which are normally used for the loading, unLoadir.g and anchorin.- of
ships, and which otherwise be situated wholly or partly outside the outer limit of the
territorial sea, are included in the territorial sea. The coastal State must clearly
demarcate such roadsteads o.nd indicate them on charts, together with their boundaries,
to which due publicity must be given.
If a river flows directly into the ses., the baseline shall be a straight line
across the mouth of the river be'.ween points on the low-tide line cf its banks.
to c
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ANNEX 4
UNITED NATIONS
GENERAL
ASSEMBL`I
COI4ITTEE ON THE PEACEFUL USES OF THE
SEA-BED AND THE OCEAN FLOOR BEYOND
THE LB&ITS OF NATIONAL JURISDICTION
Distr.
GENERAL
A/AC.138/92
12 July 1973
E.~GLISE
Original: SFA1:ISH
Letter dated 10 July 1973 from the Permanent Representative o:
Bolivia addressed to the Chairman of the Committee on
the Peaceful Uses of the Sea-Bed and the Ocean Floor beyond
the Limits of ational jurisdiction
I have the honour to transmit to you herewith, in your capacity as Chairman of
the Committee on the Peaceful Uses of the Sea-Bed and the Ocean Floor beyond the
Limits of National Jurisdiction, a document containing some draft articles concerning
land-looked countries which my delegation is formally presenting, ?aith the request
that it should be circulated in the Committee as an official Bolivian com.znication.
Accept, etc.
(Signed')' ALIPEDO OU?IDO VIiRREIM.
AI.fASSADOR
PEI?i4AITENP R. RCSENTATIbC OF 13OLIVI.L
GE-7-4-48270
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u O L I V I A
1)AAtl1 ARTICLES RELATING TO LAI?ID-LOCI(E.D CCJ-INTRIES
ARTICLE
The right of land-locked States to free access to the sea (whatever the origin
and nature of their land-lochced conditions) is one of the basic principles of the law
of the sea and forms an integral Hart of the principles of international law.
ARTICLE
States situated between the sea and one or more land-locked States retain full
sovereignty over their territory and have the right to adopt such measures as may be
ziecessarr to ensure that the right of land-locked States to free access to the sea
In no way prejudices their lemitimate interests.
ARTICLE
For the purpose of enjoying the freedom of the sea and participating in the
exploitation of the resources of the sea-bed and the ocean floor, and the sub-soil
thereof, beyond the. limits of national jurisdiction on an equal footing with coastal
States, land-locked States shall exercise the right of free access to the sea in the
manner and subject to the conditions established. in this Convention.
ARTICLE
(1) The existence and the nature of the right of land-locked States to'free access
to the sea derive from the apnlic--l-tion of the principles of the freedom of the sea
and the designation of the sea-bed and the ocean floor., and the sub-soil thereof
beyond the limits of national jurisdiction, as well as the resources of that area,
as the common heritage of mankind.
(2) Its validity and application do not depend exclusively on the unilateral hill
for national laws) of States situated between the sea and one or more land-locked
States, but concern the cor,.:.cnity of nations as a whole.
(3) Depending on the nature of each case, its exercise shall be governed by
agreement between the land-locked States and the States situated between them and.
the sea.
Ai TICLE
Conventions or other international agreements governing := e exercise of ti-lis
right shall not contain any clauses or provisions which limit the rights repo izcd
by this Convention as an inte;ral port of the right of land-locked States to free
access to the sea.
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ARTICLE
The lack or inadequacy of conventions or other international agreements to cover
particular cases of the right of land-locked States to free access to the sea shall
neither nullify that right as recognized in this Convention nor restrict the exercise
thereof in the manner set out herein. (articles .... etc.).
ARTICLE
States situated between the sea and one or more land-locked countries shall,
without discriminating between the latter and in accordance with the principles
(articles) of this Convention, guarantee to the land-locked State or States:
(a) Free and unrestricted transit through their territory (for all classes
of movable goods, livestock, objects, merchandise and persons);
(b) for vessels flying the flag of the land-locked State, the same treatment as
that given to their own vessels or vessels of any other State in respect
of entry into and departure from seaports;
(c) the use of such ports, installations and equipment as may be appropriate
for the movement of traffic in transit, under the same conditions as for
themselves;
(d) alternatively, free zones in the aforesaid ports in which lard-locked States
may, at their own expense, erect or construct warehouses or stores,
facilities for the separation of cargoes, goods-yards and railway sidings,
oil or gas tanks and pipes for the loading of tank vessels, office and
residential buildings, etc.;
(e) the right to appoint, in the ports of transit or free zones, national
customs officials who may, without prior notice a^d without control or
supervi.ion by the local authori-:ies, authorize th- docking of vessels whose
cargo is destined for, or originates primarily in, the land-locked county-,
and organize and supervise the loading and unloading of such vessels, as
well as such port or free zone services as may be necessary for that
purpose, without restrictions other than those relating to security,
public health and the police regulations of the coastal transit State;
(f) the use of the means of transport and communication existing in their
territory, under the same conditions as for themselves.
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AM=
When means of transport and communication in the States situated between the sea
and one or more land-locked States are insufficient to give effect to the right of
land-locked States to free access to the sea or when the aforesaid means of transport
and communication or the port installations and equipment are inadequate or may be
improved in any respect, the land-locked States may construct,' modify or improve them
at their on expense.
APTICL E
If the port installations and equipment and the means of transport-and
communication existing in the country of transit are used in a proportion equal to
or greater than fifty per cent of their capacity by the land-locked State or States,
any tariffs, fees or other charges for services rendered shall be fixed by agreement
among the States concerned.
ARTICLE
Goods and passengers in transit traffic to or from the land-locked State shall
not be subject to the jurisdiction or competence of the judicial authorities of the
coastal transit State.
ARTIC1
The reciprocity of free transit, when this concept is embodied in the right of
land-locked States to free access to the sea, is not an essential principle but may
be agreed among the parties.
ARTICLE.
The rights and facilities established by this Convention as inherent in the
right of land-locked States to free access to the sea by reason of special
geographical situation, shall be excluded from application of the most-favoured-nation
clause.
A:?aNDIIE T
Arend the last line of Principles 7 and 8 of the Declaration of Principles
(General Assembly resolution 2749 WV)) to read:
"... and taking into particular consideration the interests and needs of the
developing countries, especially those which are land-locked"
ARTIC12
The land-locked (developing) countries shall have the same obligations and
nights as contiguous (developing) coastal States with regard to participation in
the live resources of the seas adjacent to the region, the natural resources of
the continental shelf and those lying in the sea-bed or the sub-soil thereof within
the lioits of the jurisdictional sea (Exclusive Economic ?one).
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UNITED NATIONS
Distr.
LIMITLD
THIRD CONFERENCE
ON THE LAW OF THE SEA
SECOND COMMITTEE
A/CONF.62/C.2/L.65
16 August 1974
ENGLISH
ORIGINAL: SPANISH
Bolivia and Paraguay: draft articles on the
"regional economic zone"
Explanatory note: The delegations of Bolivia and Paraguay have held consultations on a
number of questions concerning the law of the sea, in particular the topic of the
regional economic zone. They now present the following draft articles for consideration
in the debate on that item at the Third United Nations Conference on the Law of the Sea.
The preparation and submission of these draft articles do not, of ccurse, imply
the withdrawal or replacement of any proposals already submitted separately or jointly
by the sponsoring States. This proposal is intended as an improved and expanded version
of previous proposals. The basic philosophy underlying the regional economic zone has
already been outlined in the statement made by the representatives of Bolivia and
Paraguay on 5 August 1974.
Article 1
Coastal States and neighbouring land-locked States shall have the right to
establish jointly regional economic zones between the 12-mile territorial sea and up
to a maximum distance of 200 nautical miles, measured from the applicable baselines
of the territorial sea.
Article 2
All the States concerned shall participate fully in the regional economic zone
and snail be entitled to enjoy the use and benefits of all renewable and non-renewable
resources therein, with equal rights and obligations.
Article 3.
The States which form part of a regional economic zone shall jointly manage the
exploration, exploitation and conservation of the resources of the zone through
regional machinery, on the same lines as that proposed for a similar purpose in the
sea-bed and ocean floor beyond the limits of national jurisdiction, which shall also
ensure an equitable istribution of the resulting benefits.
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Article 1+
Third States, international, --overnmental and non-governmental organizations
whatever their scope, and natural or legal persons may be allowed to co-operate in
the regional economic zones, and financing may be accepted from any source for the
operation of the regional machinery.
Article 5
Within the limits of each regional economic zone there shall be regional sovereignty
for the exploration, exploitation and conservation of the natural resources, whether
renewable or non-renewable, of the sea-bed, the subsoil and the superjacent waters,
and jurisdictional powers over the contiguous zone shall be exercised exclusively by
the coastal States.
Article 6
On the basis of the equality of rights and obligations of all participating States
without discrimination of any kind., the regional economic zone shall protect and preserve,
and ensure the protection and preservation of, the marine environment, and may permit
joint scientific research to be carried. on.
Article 7
The regional economic zone may establish, preferably through the regional machinery,
an enterprise as the organ of the authority responsible for carrying out all technical,
industrial and commercial activities, including the regulation of production, the
marketing and the distribution of raw materials from the regional economic zone resulting
from exploration of the zone ana exploitation of its natural resources. The enterprise,
in the exercise of its functions and powers, which shall be laid down in a convention
and its pertinent regulations, shall assume responsibility for the relevant activities,
either directly or through operational contracts, joint ventures, joint management or any
other type of legal regime which does not conflict with the interests of the zone and
the machinery shall ensure effective administrative and financial control in all
circumstances.
Article 8
In the exercise of its powers and functions, the enterprise shall act in accordance
with the general policy and conditions laid down by the competent regional assembly,
and shall submit proposals with regard to its activities and the legal provisions
required for such activities to the competent body or council for consideration and
authorization.
On the same lines as the international zone and the marine and ocean resources
beyond national jurisdiction, which are deemed to be the common heritage of mankind -
a principle that has already acquired the character of a rule of international law -
tue regional economic zones and their renewable and non-renewable resources shall be
declared the common heritage of the region.
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Article 10
The regional economic zones may organize themselves on the broadest possible
basis and shall also exploit their resources in such a manner as to ensure that they
do not adversely affect the national land-based economies of countries dependent on a
single commodity which are members of the zone or of.other zones.
Article 11
The members of each regional economic zone, whether or not they are coastal
States, shall be equitably and fairly represented both in the regional machinery
and in the enterprise.
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UNITED NATIONS
Distr.
LIMITED
THIRD CONFERENCE
ON THE LAW OF THE SEA
A/CONF.62/C.2/L.39
5 August 1974
Afghanistan, Austria, Belgium, Bhutan, Bolivia, Botswana, Finland,
Iraq, Laos, Lesotho, Luxembourg, Nepal, Netherlands, Paraguay,
Singapore, Swaziland, Sweden, Switzerland, Uganda, Upper Volta and
Zambia: draft articles on participation of land-locked and other
geographically disadvantaged States in the exploration and
exploitation of the living and non-living resources in the area
beyond the territorial sea
Article 1
Subject to the provisions of these articles, coastal States shall have the right
to establish, adjacent to their territorial sea, a ... zone, the breadth of which shall
not exceed ... nautical miles from the baselines from which the breadth of the
territorial sea is measured, for the purpose of exploring and exploiting the living and
non-living resources therein.
Article 2
Land-locked and other geographically disadvantaged States 1/ shall have the right
to participate in the exploration and exploitation of the living resources of the
... zone of neighbouring coastal States J on an equal and non-discriminatory basis. For
the purpose of facilitating the orderly development and the rational exploitation of the
living resources of the particular zones, the States concerned may decide upon
appropriate arrangements to regulate the exploitation of the resources in those zones.
Article 3
Land-locked and other geographically disadvantaged States shall have the right to
participate in the exploration and exploitation of the non-living resources of the
... zone of neighbouring coastal States on an equal and non-discriminatory basis.
Equitable arrangements for the exercise of this right shall be made by the States
concerned.
1/ The precise scope of the term "other geographically disadvantaged States" is
still to be defined.
2/ The expression "neighbouring coastal States" not only refers to States adjacent
to each other, but also includes States of a region situated, within reasonable proximity
to a land-locked or other geographically disadvantaged State.
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Article 4
1. Land-locked and other geographically disadvantaged States shall not transfer their
rights under articles 2 and 3 to third States, except when otherwise agreed upon by the
States concerned.
2. The provisions of paragraph 1 shall, however, not preclude land-locked and other
geographically disadvantaged States from obtaining technical or financial assistance from
third States, or appropriate international organizations, for the purpose of enabling
them to develop viable industries of their own.
Article 5
1. All States deriving revenues from the exploitation of the non-living resources of
the ... zone shall make contributions to the international authority at the rate of
... per cent of the net revenues.
2. The international authority shall distribute these contributions on the same basis
as the revenues derived from the exploitation of the international sea-bed area.
Article 6
Coastal States and land-locked and other geographically disadvantaged States within
a region or subregion may enter into any arrangement for the establishment of regional,
or subregional ... zones with a view to giving effect to the provisions of articles 2
and 3 on a collective basis.
Article 7
Any dispute arising from the interpretation and application of the provisions of
the foregoing articles shall be subject to the procedure for the compulsory settlement
of disputes provided for in the Convention.
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UNITED NATIONS
GENERAL
ASSEMBLY
CUM= 011 THE PEACEFUL USES OF THE
SEtt-BID AND TEE OCEAN FLOOR BEYOND
TE LIMITS OF NATIONAL JURISDICTION
(1)
Distr.
LI14ITED
A/AC.138/SC.II/L.719
16 July 1973
Original: ENGLISH
DRAFT ARTICLES ON RESOURCE JURISDICTION OF COASTAL STATES
BEYOND THE TERRITORIAL SEA
proposed by the delegations of Afghanistan, Austria,
Bel i.un, Bolivia, Nepal and Singapore
in the context of the discussions on the recognition of the jurisdiction of
coastal States over the resources in a zone adjacent to their territorial sea, and
(2) as a formula attempting to accommodate the vital needs and major interests of all
States, which does not necessarily
delegations.
ARTICLE I
(1) Coastal States
ter*_~itopial sea, a .....
the baselines from which
(2) Coastal S-Gates
shall have the
Zone which may
the breadth of
right to establish, adjacent to the
not extend beyond ..... nautical miles from
the territorial sea is measured.
shall. have, subject to the provisions of Articles II and III,
jurisdiction over the ..... Zone and the right to explore and exploit all living and
non-living resources therein.
ARTICLE II
(1) Landlocked and coastal States which cannot or do not declare a ..... Zone
pursuant to Article I (hereinafter referred to as the Disadvantaged States), as well
as natural or juridical persons under their control, shall have the right to
participate in the exploration and exploitation of the living resources of the
..... Zone of neighbouring coastal States on an equal and non-discriminatory basis.
For the purpose of facilitating the orderly development and the rational management
and exploitation of the living resources of particular ..... Zones, the States concerned
may decide upon appropriate arrangements to regulate the exploitation of the resources
in that Zone.
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(2) In the ..... Zone the coastal State may. annually reserve for itself and
such other Dicadvantan d State.i rs' rx y be exorcising the right under the prccedin
paragraph, that part of the maximum allowable yield, as determined by the relcvent
international fisheries organization, which corresponds to the harvesting capacity
and needs of these States.
(3) Stated other than those referred to in paragraph 1 shall have the right to
exploit that part of the remaining allowable yield rubJect to payments, to be
dotorminod under oquitable conditions, and regulations laid down by the coastal States
for the exploitation of the living resources of the ..... Zone.
(4) Disadvantaged States shall not transfer the right conferred upon them in
paragraph 1 to third parties. Howev?r, this provision shall not preclude the
Disadvantaged State" from entering into arrangements with third parties for the
purpose of enabling them to develop viable fishing industries of their own.
(5) A developed coastal State, which establishes a ..... Zone pursuant to
Article I, paragraph 1, shall contribute .... per cent of its revenue. derived
from the exploitation of the living resources in that Zone to the International
Authority. Such contributions shall be distributed by the International Authority on
the basis of equitable sharing criteria.
(6) In exploiting the living resources the States referred to in paragraphs 1 and
3 of this Article shall observe tho regulations and measures pertaining to management
and conservation in the respective ..... Zones.
ARTICLE III
(1) A coastal State Shall make contributions to the International Authority out
of the ruvc;iuusW derived from exploitation of the non-living resources of its
..... Zone in accordance with the follo'?;ing paragraph.
(2) The rate of contribution shall be .... per cent of the revenues from
exploitation carried out within forty miles or 200 metres isobath of the ..... Zone,
a/ The word "revenues" shall have to be defined.
W It is understood that different rates should apply to developed and
developing countries.
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srnichevor limit the coastal State may choose to adopt, and?.... pcr ocn'./ of the
rovcnuoa_from exploitation carried out beyond forty miles or 200 metros i:obath
within the ..... Zone.
(3) The International Authority shall dietributo these contribution& on the
basis of equitable sharing criteria.
ARTICLE IV
Any dispute arising from the interpretation and application of the provisions of
the foregoing Artioloo shall be subject to the procedures for the compulsory
settlement of disputes provided for in the Convention.
W It is understood that different rates should apply to developed and
doveloping countries.
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AM\II .X 8
UNITED NATIONS
GENERAL
ASSEMBLY
CCja7ITTTEE ON THE PEACEFUL USES OF THE Sr4-BLD
AN-D THE OCEAN FLOOR BEYOND THE L11mITS OF
1 TIONAL JURISDICTION
Distr.
GL"r ERE L
A/AC.133/93
2 Aut uu t 1973
Original: ENGLISH
Draft Articles re1ating to Land-Locked s
submitted bar Ai~henistan~~olivia, Czechoslovakia,
RP,n ary, X% li Nenal and Zambia
Explanatory Not
This document has been drafted with the intention to contribute to the work of
the Committee in adopting various articles relating to land-locked States. Since
the right of free access to and from the sea is the established principle of
international law, much care has been taken to include the special provisions
,regarding this right of the land--locked States. This document; also contains, in the
form of general guidelines, certain articles with regard to the participation of
lend-locked States it the exploration and exploitation of the sea-bed and its
resources.
These draft articles are not intended to stand alone but shall form an
inseparable part of the law of the sea i:o be fitted at appropriate places into a
comprehensive Conve,ition relating to the law of the sea.
lereamble
Recognizin that the right of free access to and from the sea of lard-locked
States is one of the essertial principles of the law of the sea and forms an integral
part of the established principles of international law, as the right of free access
to and from the sea of land--locked States derives from the application of the.
fundamental principles of freedom of high seas and has further been strengthen.ei:
by the principle of the Infer. of the sea--bed as the common heritage of mankind.
GE.73-50023
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ARTICLE 1
Definitions
For the purpose of this Convention:
(a) "land-locked State" means any State which has no sea coast;
(b) (i) the term "traffic in transit" means transit of persons, baggage. goods
and means of transport across the territory of one or more transit
States,-when the passage across such territory, with or without trans-
shipment, warehousing, breaking bulk or change in the mode of transport
is only a portion of a complete journey which begins or terminates within
the territory of the land-locked State;
(ii) for the purpose of traffic in transit "person in transit" means the
passage of person whose movement is not prejudicial to security, law and
order of the transit State;
(c) the term "transit State" means any State with or without a sea-coast,
situated between a land-locked State and the sea, through whose territory
the land-locked State shall have access to and from the sea;
(d) the term "means of transport" includes:
(i) any railway stock, seagoing and river vessels and road vehicles,
(ii) where the local situation so requires, porter and pack animals,
(iii) pipelines, gaslines, and storage tanks when they are used for traffic
in transit and other means of transport subject to appropriate
arrangements as and when necessary;
ARTICLE II
Right of free access to and from-the sea
1. The right of land-locked States to free access to and from the sea is one of the
basic principles of the law of the sea and forms an integral part of the principles
of international law.
2. In order to enjoy the freedom of the seas and to participate in the exploration
and exploitation of the sea-bed and its resources on equal terms with coastal States,
land-locked States irrespective of the origin and characteristics of their land-?Iocked
conditions, shall have the right. free access to and from the sea in accordance with
the provisions of this Convention.
3. The right of free access to and from the sea of land-locked States shall be the
eoncern of the international community as a whole and the exorcise of such right shall
not depend exclusively on the transit States.
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ARTICL1 ITT
Freedom of transit
Transit States shall accord free and unrestricted transit for traffic in transit
of land-locked States, without discrimination among them, to and from the sea by all
means of transport and communication, in accordance with the provisions of this
Convention.
ARTICLE N
Right of flag and equal treatment
1. A land-locked State shall have, equally with coastal States, the right to fly
its flag on vessels which are duly registered in its territory.
2. On the high seas, vessels flying the flag of a land-locked State shall have
identical rights to those enjoyed by vessels of coastal States.
3. In the territorial sea and in internal waters, vessels flying the flag of
land-locked States shall have identical rights and enjoy treatment equal to that
enjoyed by vessels flying the flag of coastal States.
.ARTICLE V
Right to use maritime Ports
1. Vessels flying the flag of a land-locked State shall have the righs. to use
maritime ports.
2. Vessels of land-locked States are entitled to the most favoured treatment and
shall under no circumstances receive a treatment less favourable than that accorded
to vessels of coastal States as regards access to and exit from the maritime ports.
3. The use of these ports, facilities, installations and equipments of any kind
shall be provided under the same conditions as for coastal States.
ARTICLE VI
Customs Duties and other Charges
1. Traffic in transit shall not be subject to any customs duties, taxes or other
charges except charges levied for specific services rendered in connexion with such
traffic.
2. If the port installations and equipments or the means of transport and
communication or both existing in a transit State are primarily used by one or more
land-locked States, tariffs, fees or other charges for services rendered shall be
subject to agreement between the States concerned.
3. Means of transport in transit used by the land--locked State shall not be subject
to taxes, tariffs or charges higher than those levied for the use of means of
transport of the transit State.
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ARTICLE VII
ivee Zone or C her facilities
1. For convenience of traffic in transit; free zones and/or other facilities may be
provided at the ports of entry and exit in the transit States, by agreement between
those States and the land-locked States.
2. Such zones shall be exempted from the customs regulations of the coastal States.
They remain, however, subject to the jurisdiction of those States with regard to police
and public health regulations.
ARTICLE VIII
Right to Appoint Customs Officials
Land-locked States shall have the right to appoint Customs Officials of their own
in the ports of transit or free zones empowered in accordance with practice of States,
to arrange the berthing of vessels whose cargo is bound for or coming from the land-
locked State and to make arrangements for and supervise loading and unloading
operations for such vessels as hell as documentation and other necessary services
for the speedy and smooth movement of traffic in transit.
ARTICLE IX
Transportation, Handling and Storage of goods in transit
Transit States shall provide adequate means of transport, storage and handling
facilities at the points of entry and exit, and at intermediate stages for the smooth
movement of traffid in transit.
ARTIJLE X
Improvement of the Means of Trazzsport and Communications
When means of transport and communication in the transit States are insufficient
to give effect to the rights of land-locked States of free access to and from the sea
or when the aforesaid means of transport and communication or the port installations
and equipment are inadequate or may be improved in any respect, the land-locked States
shall have the right to construct, modify or improve them in agreement with the transit
State or States concerned.
ARTICLED XI
De1Fis or difficulties in traffic in transit
1. Except in cases of force majeure all measures shall be taken by transit States
to avoid delays in or restrictions on traffic in transit..
2. Should delays or other difficulties occur in traffic in transit, the competent
authorities of the transit State or States and of land-locked States shall co-operate
towards their expeditious elimination.
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JLJJLU.1TJ/ )~
Pam= 5
iii I11 I ! rE
XII
right of access to and from the su a. through redvoro
A land-locked State shall have the of access to and from the sea through
navigable rivers which pass through its territory and the -territory of transit States
or form a common boundary between those States and the land-locked State.
ARTICLE ;%III
Alternative routes
Land-locked States shall have the right to use one or more of the alternative
routes or means of transport for purposes of access to and from the sea.
ARTICLE, XIV
Rig hts of Transit States
The transit State, while maintaining full sovereignty over its territory, shall
have the right to take all indispensable measures to ensure that the exercise of the
right of free and unrestricted transit shall in no way infringe its legitimate
interests. This provision shall not be construed as prejudicing territorial disputes
of any kind.
fiTITICLE XV
Temporary- deviation in exceptional cases
The measures of a general or particular character which a contracting State is
obliged to take in case of an emergency affecting the security of the State or the
vital interests of the country may in exceptional cases and for as short a period as
possible, involve a deviation from the provisions of the above Articles, it being
understood that the principle of freedom of transit must be observed to the utmost
possible extent.
ARTICLE X'VI
Reciprocity
Since free transit of land-locked States forms part of their right of free
access to and from the sea which belongs to them in view of their special geographical
position, reciprocity shall not be a condition of free transit of land-locked States
required by transit States but may be agreed between the parties concerned.
ARTICLE .'VII
Access to and from the Sea--bed Arse.
(1) Lard-locked States shall have the right of free access to and from the Arc< of the
sea-bed in order to enable them to participate in the exploration and exploitation
of the Area and its resources and to derive benefits therefrom in accordance with
the provisions of this Convention.
(2) For this purpose the land--locked States shall have the right to use all neans and
facilities provided for in this Convention with regard to traffic in transit.
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AI:TICi~i, :.JIII
Renros.ntatior: of Land-locked StE.tee
in any organ of the International bea-: ed iachiner;? in ~-h.tch not all I:emoer
States will be represented, in particular in it3 Council, there shall be an adequate
and proportionate number of lone.-locl_ed States, both developing and developed.
ARTICLL XIX
Deci.si on-iiakin .
(1) In any organ of the 1:achinery, decisions on questions of substance shall be made
with due regard to the special needs and problems of land--locked States.
(2) On questions of substance which affect the interests of land-locl_ed States;
decisions shall be made with their participation.
ARTICt XX
1el-a.tion to Previous Agreements
(1) The provisions of this Convention which govern the right of free access of land-
locked States to and from the Sea shall not abrogate existing special agreements
between two or more States concerning the matters which are regulated in this
Convention, nor shall. they raise an obstacle as regards the conclusion of such
agreements in the future.
(2) In case such existing agreements provide less favourable conditions than those
contained in this Convention, the States concerned undertake that they shall bring
them in accord with the present provisions at the earliest occasion.
O The provisions contained in the preced_ng paragraph shall not affect existing
bilateral or multi--lateral agreements relating to air transport.
ART= loci
EScclusion oJlication of Piost--P?a oured-Nation Clause
Provisions of this Convention, as well as special agreements which regulate the
exercise of the right of free access to and from the sea and the Arc,-. of the Sea-beet,
establishing rights and facilities on account of special geographical position of
land-locked States, are e.ncluc-_ed from the application of the most-favoured--nation clause.
ARTICLD ;.XII
Settlement of llispute_
Any dispute arising from the interpretation and application of the provisions of
the foregoing Articles shall be subject to the procedures for the settlement of
disputes provided for in the Convention.
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THIRD COMMITTEE
UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
ANNI X 9
Distr.
LIMITED
A/CONF.62/C.3/L.19
23 August 1974
ORIGINAL: ENGLISH
Austria, Belgium, Bolivia Botswana, Denmark, Germany,
, ,Lesotho, Federal
Republic of Laos Luuenboura Neal,
Liberia,
Netherlands Para
Ruav_ Sin ore U ands U r Volta and Zambia:
draft articles on marine scientific research
ICg: 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
and 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.
A
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 /...
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 Approved For Release 2001/04/27 : CIA-RDP79-01054A000300080001-0
A/CONF.62/C.3/L.19
i~;ngli sh
Page 2
1. 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
scientific 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 dupli~:able data and divisible samples;
(f) be given assitance, at its request, in the interpretation of the results
of the research project.
2. 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 rights of the neighbouring land-locked and other
geographically disadvantaged States 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 information -ad 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 proposed research project.
3. States and appropriate international organizations engaged in the conduct of
marine scientific research shall ensure that the research results are published
as soon as possibl;: in rea-'ily available scientific publications and that copies of
such publications are supplied directly to the coastal State and to neighbouring
land-locked and other geographically disadvantaged States.
k. Deep drilling or the use of explosives for the purpose of marine scientific
research likely to affect the sea-bed or its subsoil may be conducted only with the
consent of the coastal State. Requests for such consent shall. be submitted to the
co ctal State well in advance and answered without undue delay.
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 Approved For Release 2001/04/27: CIA-RDP79-01054A00030008094h@d2/c.3/L?I9
English
Page 3
5. 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
sct 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
1. 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
?eseareh capabilities of developing countries, particularly land-locked among them, by
such means as programmes to provide adequate training of their technical and scientific
personnel.
4. 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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 Approved For Release 2001/04/27 : CIA-RDP79-01054A000300080001-0
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