JPRS ID: 8905 WORLDWIDE REPORT LAW OF THE SEA

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• Document Number (FOIA) /ESDN (CREST): CIA-RDP82-00850R000200050007-7
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• Sequence Number: 7
• Content Type: REPORTS

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6 FEBRURRY 1980 t FOUO 1180 ) 1 OF 1
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JPRS L/8905
= 6 February 1980
~l1/orldwide Re ort -
. p
~ LAW OF THE SEA
- CFOUO 1 /80)
FBIS FOREIGN BROADCAST INFORMATION SERVICE
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- JPRS L/8905
6 February 1980
WORLDWIDE REPORT
- LAW OF THE SEA
(FOUO 1/80)
~ CONTENTS PAGE
WORLDWIDE AFFAIRS
French Clai.m Over Malagasy Islands Disputed
(Sennen Andriarimado; JEUNE AFRIQUE, 19 Dec 79) 1
North-South Dialog on Maritime Issues Scheduled
(MARCHES TROPICAUX ET MED1mERR,ANEENS, 23 Nov 79) j~
Briefs
_ New Tuna War Starting 6 _
ASIA
?:NTER-ASIAN AFFAIRS
Brief s
ROK Crab Catching 7
Joint Fisheries With China 7
TAIWAN _
Economic Mission Touring South Pacific
(JIJI PRESS, 12 Jan 80) 8
- a- [ I I I - 4JW - 13 6 FOUO ~
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WORLDWIDE AFFAIRS
FRENCH CLAIM OVER MALAGASY ISLANDS DISPUTED
Paris JEUNE AFRIQUE in French 19 Dec 79 pp 85-86
[Article by Sennen Andriarimado; passages enclosed in slantlines printed in
ita~ics.]
[Text) After a quiet legal battle over the past 6 ye~rs, Madagascar seems to
be winning over France. On 30 November 1979 in New York, the Special Political
Commission ef the UN Assembly adopted a resolutic~n inviting /"The French govern-
ment to begin, without delay, negotiations with the Malagasy government for
the reintegration of the Glorieuses, Juan de Nuova, Europa and Bassas da
India lslands arbitrarily separated from Madagascar. / -
The resolution was approved by 64 countries, opposed by 6: France obviously
approved, followed by Belgium, the United States, Italy, the United Kingdom and -
Senegal as the only African country. Thirty-�our other countries abstained =
from voting, while 37 were not present to vote. It shows what little interest
_ had been generated by the debate, probably because the legal battle between -
Madagscar and France over these islets, lost in the Indian Ocean, appears trivial
to many countries. Yet, this confrontation could well be the forerunner of `
future conflicts.
It all began in 1973 when the Malagasy government represented by its minister
of foreign affairs, Didier Ratsiraka (who is now chief of state), denounced the
cooperation agreements signed with France in 1960. Didier Ratsiraka, a navy
officer, deemed himself honor-bound to demand the restitution of the Mozambique -
Channel and Indian Ocean states which, under colonial rule, had been dependent
on the colonial administration of Madagascar. The present president told us
later: ;"Under colonial rule, these islands were included in what was called
Madagscar and its dependencies. When Madagscar became independent, its depend-
encies did not because France decided to link Europa, Bassas da India, Juan de
iiuova and Glorieuses to the Reunion administration, when it realized i.ndepend-
~nce caas ineluctable."/
On the French side, historical argumenrs taken from the precolonial era were
aired otice again. According to Franc~, these islands had been deserr.ed tmtil
1~97.---', years before the colonization of Madagascar--and under the 1aw -
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_ prevailing at the time, the first settlers were the "proprietors." In this
case, it was the French. It has also been argued that these oceanic lands had
always escaped the administration of the Malagasy monarchy (abolished in 1896
when France annexed Madagascar).
Mal.~~~~sy leader5 always contested the use of the takeover, before full coloniza-
elun, .z:~ ~?n argument. Long bc~fore 1892, Ma1ng~~sy lititi~rm~~n h:icl uR~d rilt tl~e~c~ -
islets as ports oF call and shelters. Furthermore, other Malagasy islands, -
entire regions even, had been under French administration prior to the 1896
proclamation of annexation.
This was the case of Sainte Marie Island (now once again known as Nosy Boraba).
In 1750, Princess Bety had given it to her French husband, Corporal Jean Onesime
Filet--known as La Bigorne--who in turn lost no time in giv:ng it to France.
It is also true of Nosy Be Island which a l~cal princess, Tsiomeko, gave to
France in 1831. It also applies to the vasr~ northwest regions which Prince -
Andriantsoly gave to France--moreover, history recorded that it was that very ~
same Andriantsoly who, having become king of the Comorian island uf ~^:ayotte, _
gave it to France.
Even then, France's pretentions had been the source of the first French-Malagasy
war of 1883-1885. Ten years later, a second war, easily won by a French ~
e:tpeditionary corps, was to sanction the colonization.
the time of the independence in 1960, France did not prPtend to have rights
over the territories it had occupied and ad~ministered before the annexation
law.
From 1973 to 1979, the controversy over the rock of the Mozambique Channel
remained in the background of the intense relat~~zship between Madagscar and
France. This is so true that, during important events--such as the meeting of
the Joint French-Malagasy Commission in Antananarivo in November 1977 and the
' Didier Ratsiraka/Valery Giscard d'Estaing discussion in September 1978--both
sides agreed not to mention the conflict. However, through indirect channels
the issue was always raised during international meetings.
In July 1978, during the OAU summit meeting in Khartoum, Madagascar--througl~ _
carelessness in prepaiing its c'ocumen.ts--did not succeed in gaining the support
of that African organization. In July 1979 in Monrovia, Africa gave that
_ support.
Politics are actually behind this legal battle. Motives are less a matter of
- sovereignty or touchiness than of strategy and economy.
Since the closing of the Suez Canal in 1967, the Ocean Indian has become once
again the ldeal sea route for supplying the West in petroleum and other raw
materials. The reopening of the Canal in 1976 did not change the situation:
since then, the big tankers have continued to use the Indian Ocean to carry
75 percent of the petroleum from the Arabian coastline to Europe and the
- Americas.
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- Surveillance of this maritime crossroad induced the United States to set up a
local military base in the Island of Diego Garcia, a dependency af Mauritius; ~
how~ver, it had been purchased from the British by the Americans before the
Mauritian independence. This base wil? be operational in 1981 and will serve
. as home port to two vessels, the Tripoli and the Taranawa, each capable of ~
carrying 1,800 men. As for France, it was already present with a militarv
base in Reunion, an elite troop in Mayotte and a base of operation in D~ibouti.
There are symbolic installations on thP islets claimed by Ma3agascar: some 30
legionnaires travel between Juan de Nuova and Europa where a sea-turtle breed-
ing farm was established. In short, nothing too conspicuous, nothing really
~ustifying the accusations of frantic militarization locally brought against
France.
Ttiis is because the rocks in question are desirable for reasons other than
military. A French poli tician, one of the best versed on that issue, told us:
/"These islets have no strategic interest. France has enough troops and bases .
- in the region. If you want to understand what is ~~mg on in this battle, turn
your attention to the new mariti~e law and focus on the year 2000."/ What does
this mean?
First, under the new concepts introduced in maritime law, Madagascar i~ liter-
ally encircled by France and separated from Africa by that very France.
According to that law, a country has alr.:ost total supremacy of ~he sea over a
- radius of 200 nautical miles (360 km) from its coastline. Thus, if French
"r.ights" are maintained, the whole Mozambique Channel through which are strung
out Europa, Bassas da India and Juan de Nuova, will be "FrencY~" as well as the
periphery of the Glorieuses Islands at the northern tip of Madagascar. and, _
obviously, the whole maritime area around La Reur~ion. France would thus have
inspection rights over all ships passing in the southern part of the Indian
Ocean. This would confirm its role as a leading power ~n that area.
- 5,-r_ondly, that the future of humanity rests with the ocean has not yet been
fully understood. Ranking behind the Pacific Ocean, the Indian Ocean is said
to contain the most maritime ores of all the oceans of the world: the discovery
af polymetallic nodules of exceptional content off the shores of La Reunion
Island last October could only serve to confirm this fact. Modern technology
will soon be able to extract from these nodules most of the raw materials to be
needed by the world: copper, zinc, tin, even manganese, and criromium, if not _
bauxite. It seems that they abound in the Indian Ocean.
To make matters clear, it mear~s that, when techniques of extraction have been
perfected in the year 2000, the power which controls the sea beds of the Indian
Ocean will be much more sought after (or feared) than today's eil countries.
It is in this context that the legal battle between France ar~d Madagascar over
a few rocks acquires meaning. 'v,Ihichever one of. the two countries gains sover-
eignty over these islets :oill control and administer one of the world's greatest
wealth. Bassa da India or Europa are n~t important in themselves. On the other
- hand, the maritim_~ zone surrounding them is a future reserve of inexhaustible
wealth and, therefore, of power.
CCPYRIGHT: Jeune Afrique GRUPJIA 1979
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WORLDWIDE AFFAIRS
NORTI-~-SOUTH DIALOG ON MARITIME ISSUES ~CHEDULED
Paris MARCHES TROPICAUX ET MEDITERRANNEENS 23 Nov 79 p 3258 ~
[Text] The 4th international exhibit and conference on the development of the
oceans--Oceanexpo--togetlier with the first world exhibit and conference of
developing countries concerned with seas, rivers, lakes and lagoons--Ocean-
tropics--will be held from 4 to 8 March 1980 in Bordeaux. This new aspect of
_ Oceanexpo should prove to be of great interest to developing countries. Or-
ganizers presented the main elements of Oceanexpo on 8 November in Paris, in
the presence of Adrien Senghor, the state minister of Senegal, who is in
charge of equinment. He represented Leopold Senghor, president of Senegal,
~~d Lamine Fakida, minister of the merchant marine for Ivory Coast and
speaker for "Gr.oup 77" on maritime questions.
Besides the exhibit, the sucr_ess of which will depend entirely on the number
and diversity of participants, the program foi the 5 days of confere:~ce dis-
play very well the concerns of Oceanexpo's sponsors. Presided over by Claude
Cheysson, member of the Commission of European Community, 4 days will be
devoted to the exposition of views by developing countries. March 4 will be
devoted to the 57 African, Carribean and Pacific countries (ACP) 5 March wil.l
be devoted to Arab countries, the ocean and the sea; 6 March to Latin America,
the ocean and the sea; and 7 March to Southeast Asian cot~i?~ries, the ocean '
and the sea.
, The fifth day will be organized uy the "Club of Dakar" on the theme of mari-
time cooperation; what developing countries expect from industrialized
countries and vice versa.
Sponsors have publicized the support they obtained for Oceantropics not only
from the EEC but also from numerous international organizations. They intend
to turn Oceantropics into a platform for dialog and meetings, and confirm
the importance of Oceanexpo.
It is with this in mind that the general director Francois Algoud, sent a
pressing appeal to industrialists to attend the conference next March.
_ Economic partners of developing countr~es will participate in the conference. . -
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There ~aill be stands generally oriented toward maritime, harbor, fi~hing and
_ ~quacultural problems. There ~aill also be some describing naval conscruction,
- offsf~orc~ exploitation and of course pollution.
lluring the information ses5ion on 8 November, various personalities appeared
to focus attention on the interest of Qceantropics and Oceanexpo and attempted -
_ to develop a philosophy from them. Adrien Senghor insisted on the fact that
maritime transportation contributes a determinant element for development
in many countries. Lamine Fakida illustrated this same idea in a highly
- argumentative speect~ which was listened to with rapt attention.
The Ivory Coast minister of the merchant marine suggested that the most sig-
nificant event of the century is the new order of the sea. This new order is
inspired at the same tir~e by crisis and tendency to increasingly globalize
the planet. In this environment Third World nations consider as an imperative
" of their development what president Felix Houphouet-Boigny called the
"equitable redistribution of the world maritime maps." Lamine Fakida recalled
- t'r~e reasons of this ambition, among which are the powerful effect of maritime
traffic on the economies of developing countries. iie also recalled that the
= urgent need for a new international order shows itself in the right to the
sea.
Concretely, i_t means we need to use the sea as a tie an~ as a pole of economic
balance between North and South.
It is a major under.taking, which--according to the Ivory Coast minister--must
be led with scrupulous respect for interests of the entire international com- _
munity, with close and trustful cooperation between North and South. Thus no
definite strategy can be proposed; only common solutions can be looked for at
the level of regional and international cooperation. Solutions must be
sought in mutual trust and respect of the Leciprocal interest i~etween nations
possessing technology and nations wishing to obtain it.
On the other hand, Ba--speaking for Diawara, president of the "Dakar Club" ~
and former minister of the plan for Ivory Coast--declared that the "Dakar
Club" intends to develop a dialog in Bordeaux, without excluding the most
crucial problems, among which he listed maritime conferences and various
aspects of evolving rights to the sea.
It is necessary to reach a synthesis and this comes about through the face-
to-face confrontation of vie~apoints.
Finally, Michel Habib Delonde, former minister, president of the French Arab
Chamber of Commerce, underlined the importance of participa*_ion among Arab
_ countries in the Bordeaux conference, because Arab countries are in a key
position between developing coi:ntries and industrialized countries. It is
desirable that the dialog between Arab countries and the EEC find a new
o~casion to progress in Bordeaux.
COPYRICHT: Rene Moreux et Cie, Pari.s, 1979
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I
WORLDWIDE AFFAIRS
BRIEFS -
NEW TUNA WAR STARTING--Mexico City, 15 Dec (PL)--The business magazine _
EXPANSION has stated here that the U.S. decision to prohibit the entrance
_ of certain Canadian tuna exports is the beginning of a new tuna war that
will involve Mexico, Costa Rica, Ecuador and Peru. The maga~:~'_ne, whicrf
usually expresses the opinion of the heads of Mexico's big private com-
panies, recalled that the U.S. refusal to accept the 20~-mile sea limit
created serious conflicts with Ecuador and Peru. It added that in 1972
the United States suspended credits to Costa Rica in reprisal. EXPANSION .
indicated that Peru has been subjected to U.S. restrictions on tuna pur- _
chases since riay due to the Peruvian Navy's seizure of U.S. fishing boats
violating its maritime sovereignty. The U.S. measures on Canadian tuna
will undoubtedly have serious consequences. These restrictions have also
been applied because of the seizure of U.S. f.ishing boats operating
without permits in Canada's territorial seci. [Text] [PA161643 Havana
PRELA in Spanish 2120 GMT 15 Dec 79 PA]
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INTER-ASIAN AFFAIRS
BRIEFS
ROK CRAB CATCHING--Japan will soon take diplomatic steps to urge South
Korean fishermen to refrain from reckless crab catching near Japanese
waters in the Sea of Japan off Honshu and Hokkaido Islands, Kabun Muto,
minister of agriculture, forestry and fisheries said Tuesday. Answering
a question by Liberal-Democratic Dietman Minoru iJeda at Tuesday's session
of the House of Councillors Budget Committee, Mu.*,~ said he would have his
ministry officials take up this issue for deliberation at next year's
Japan-South Korea Fishery consultation meeting. Muto admitted that
indiscriminate catching of crabs by South Korean fishermen aboard a fleet
of big-scale trawlers was often becoming a hot issue at various places in
those g,.eiectures facing the Japan sea coasts. The South Korean Govern-
- ment informed Japan last weekend Chat South Korean fishermen will volun- -
tarily curb fishing off Hokkaido. The Korean concessions were made in
the wake of a Japanese protest over an estimated 600 million yen in damage
done by South Korean fishermen to JapanesP fishing nets and other gear.
[Text] [OW070145 Tokyo THE JAPAN TIMES in English 6 Dec 79 p 7 OW]
.
~OINT FISHERIES WITH CHINA--The Seiyo Fisheries Company has signed a con-
tract with China's South Sea Aquatic Products Corporation for a 1-year
experimental joint fishing program in waters of Guangdong Province. Under
the contract, two 145-ton Japanese trawlers, which are already in the coas- -
tal waters off Guangdong with 23 Japanese and 6 Chinese fi~hermen aboard,
will catch hairtail, sea bream, pomf ret and other fish for shipment to
Japan. During the 1-year period, the two fishing boats will be charged
$50,000 for fishing in Chinese watPrs. The contract also provides that the
six Chinese fishermen will be trained through the ~oint fisher.y operations.
Much attention is now being paid to this project because its success
will affect a more extensive joint program between 5 Chinese corporations
in Guangdong Province and Japan's Marubeni-Takarasachi Company for the
modernization of Guangdong's fisheries, on which both sides have already
signed a protocol. [Tokyo NIHON KEIZAI SHIMBUN in Japanese 29 Dec 79
morning edition p 3 OW)
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� TAIWAN
ECONOMIC MISSIOI~ TOURING SOUTH PACIFIC ~
Tokyo JIJI PRESS in English no time given 12 Jan 80 OW
[Text] Tokyo, 12 Jan (JIJI PRESS)--A Taiwan economic mission of 19
members is touring island countries in South Pacific for a long period
of 4a days to ~eek the establishment of new markets, to purchase indus-
trial raw materials, and to arrange fishery agreement after the claim
of 200-mile economic zones by some of them, according to a PANA report
from Taipei.
The mission, l~aving Taipei last Dec. 23 and consisting of representa-
tives from official and private quarters, will visit such countries and
areas as Papua New Guinea, Solomon Islands, Micronesia, Marshall Islands,
Palau Islands, Tuyalu, Tonga, Nauru, and Fi~i. Chang Hsiun-shwen, vice
_ minister of economic affairs, is leader of the mission.
The move to seek new markets is natural as Taiwan has opened trade with ~
communist countries in East Europe for same purpose. Many of Taiwan's '
productx, including textiles, electronics and machinery tools, can be
expo rted to the island countries in South Pacif ic.
' In purchasing industrial raw materials, Taiwan has recently signed a
technical cooperation agreement with the Marshall Islands for 3oint
exploration of oil and phosphorous ores.
- The agreement was signed in Taipei on Aug. 13 during the visit of
Tong A. de Brum, foreign minister of the Marshall Islands which will
become independent from a trust territory of the United States in 1981.
Under the agreement, Taiwan also will dispatch a technical mission to
Marshall to help develop agriculture.
In arrangement of fishery agreement, Taiwan signed a pact with the
Palau Islands on Sept. 6. The fishery agreement was signed in Taipei
between Chen Tung-hai, president of the Taiwan Fishery Association, and
the visiting Roman Tmetuchl, chairman of the Marine Department of Palau.
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Under the agreement, some 13U Taiwan fishing boats are allowed to
operate off the Palau Islands, while a similar number of fishing boats
from Palau may operate off the coast of Kaohsiung, Tungkang and
Shaoliuchiu of southern Taiwan.
Currer.tly under the trusteeship of the U.S., thP Palau Islands has
announced a 200-mile economic zone following tne ~~attprn of Australia
and the Philippines.
In this connection, Taiwan signed a fishery cooperation pact with
Australia.on Nov. 6 but iailed to reach any agreement with the '
Philippines.
To counter against the move taken by the Philippines, Taiwan has
dispatched its navy to cruise in the Bashee Channel to protect its
fishermen. Coisequently, no more Taiwan fishing boats have been seized
_ by the Philippines.
_ Taiwan maintains diplomatic relations with some island natiuns in
South Pacific, including the Kingdom of Tonga and the Republic of Nauru.
_ King Taufa-ahau Tupou IV and Queen Halaevalu Niatal'aho of Tonga visited _
Taiwan in October 1978. President Hammer Deroburt of Nauri visited
Taiwan twice in riarch and September the same year. As a result of
their visits, Taiwan has established fishing bases in the two island
countries.
Two months ago, Taiwan extended diplomatic recognition to another island
nation of Tuvalu in South Pacific.
In Fi~i, which has established diplomatic relations with the Chinese
communists, Taiwan operates there a large commercial office handling
trade and fishery affairs.
Under an agricultural technical cooperation pact signed in Marc~ 1978, e
Taiwan has dispatched an agricultural mission to Fi~ji, working in the
- area of Vanua Leye, mainly for demonstration of farming techniques.
A number of high-ranking Fiji officials have visited Taiwan, including
Jonati Mayoa, minister ~f urban development and housing, and
M. Satyanand, minister of labor. -
- COPYRIGHT: ~Citation not available]
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