SECOND SESSION THIRD COMMITTEE PROVISIONAL SUMMARY RECORD OF THE SECOND MEETING HELD AT THE PARQUE CENTRAL, CARACAS, ON THURSDAY, 11 JULY 1974, AT 3.50 P.M.
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CIA-RDP82S00697R000300070002-8
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Publication Date:
July 15, 1974
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W& a it AL %W
THIRD CONFERENCE
ON THE LAW OF THE SEA.
PROVISIONAL
For participants only
A/CONF.62/C.3/SR.2
15 July 1974
Second Session
Third Committee
PROVISIONAL SUMMARY RECORD OF THE SECOND MEETING
Held at the Parque Central, Caracas,
on Thursday, 11 July 1974, at 3.50 p.m.
Chairman:
CONTENTS
Organization of work
Mr. YANKOV Bulgaria
Corrections to this record should be submitted in one of the four working languages
(English; French, Russian or Spanish), preferably in the same language as the text to
.which they refer. Corrections should be sent in quadruplicate within five working days
to the Chief, Documents Control, Room 9, Nivel Lecuna, Edificio Anauco, and also
incorporated in one copy cif the record.
AS THIS RECORD WAS DISTRIBUTED ON 15 JULY 1974, THE TIME-LIMIT FOR CORRECTIONS
WILL BE 22 JULY 1974.
The co-operation of participants in strictly observing this time-limit would be
greatly appreciated.
rC-5129
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The CHAIRMAN said he wished to place before the Committee for its
consideration a number of general points of agreement that had emerged from extensive
consultations that he had held since the previous meeting.
.:First, the. Committee would hold both official and unofficial meetings.
Second, during the following week the Committee would hold only official meetings,
in order, inter alia, to review the work of the Working Groups of Sub-Committee III
of the Sea-Bed Committee, especially for the benefit of those delegations that had not
been members of the latter, and to enable delegations to make general statements on all
the three items allocated to the Third Committee. For the first three days, delegations
should concentrate on item 12,'concerning the, preservation of the marine environment
and, for the following two days, on items 13, concerning scientific research, and 14,
concerning development and transfer of technology. He hoped that their statements
would be short and that only those delegations that had not made statements in the
Sea-Bed Committee would speak. After all general statements had been made, the
Committee would hold official meetings once a week, or when. the Chairman deemed it
appropriate, to enable delegations to submit proposals formally and to hear progress
reports on the unofficial meetings.
Third, the Committee would, in the course of its unofficial meetings, consider
alternately item 12 at one meeting and items 13 and iii at the following meeting. Those
meetings would be on a daily basis. He suggested that the Committee, when considering
item 12 in unofficial meetings, should be under the chairmanship of Mr. Jose Luis Vallarta
of Mexico, who had been proposed by the Latin American countries and supported by the
various regional groups. During the consideration of items 13 and 14, he himself would
preside over the unofficial meetings until he found it feasible to designate a Chairman,
in consultation with the regional groups.
Fourth, informal ad hoc working groups might occasionally be established to
corit,lder specific items, and might be under the chairmanship of persons other than the
regular: Chairmen of. the.,, unofficial meetings: Such persons would be appointed by
the Chairman of the Main-Committee in consultation with the regional groups.
Fifth, all of the. proposals which had been submitted to Sub-Committee III of the
Sea-Bed Committee, together with proposals submitted during the current session of the
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(The Chairman)
Conference, wLaua:d be..,placed before the Third. Committee. It should consider all texts
prepared by the Working Groups of Sub-Committee III, including proposals that had not
been dealt with by that Sub-Committee. The main function of the unofficial meetings
would be to negotiate on substantive issues, while most of the drafting work could be
undertaken by the ad hoc working groups if and when they were set up.
Sixth, it had been suggested that the Secretariat should bring up to date the
unofficial comparative table of proposals submitted by.Working Group 2 of
Sub-Committee III, giving special attention tothose.proposals that had not been
included in the original tables and to new proposals submitted during the current session
of the Conference. Those amended tables, which the Secretariat was urged to produce
as soon as possible, would'be for use during the unofficial.meetings.
Mr. CISSE (Senegal), speaking on behalf of the group of African States, said
that the members of the group with which he had had an opportunity to consult generally
approved of the Chairman's suggestions.
Mr. GAMBOA (Chile) said that, although his delegation opposed the
establishment of working groups, it was ready to support the Chairman's compromise
formula. However, in order to avoid creating difficulties for smaller delegations,
none of the meetings should be held simultaneously. Furthermore, all meetings should be
provided with interpretation.
The CHAIRMAN assured the representative of Chile that his wishes would be
complied with.
Mr. RODRIGUEZ (Venezuela) said that his delegation generally approved of the
Chairman's suggestions. However, he hoped that, in order to meet the needs of the
smaller delegations, the suggested ad hoc working groups would not hold many meetings.
The CHAIRMAN gave his assurance that the ad hoc working groups would be
established only occasionally, as and when the Committee deemed it necessary. They
would be established for the purpose of bringing together either the sponsors of similar
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(The Chairman)
proposals or the sponsors of different proposals with a view to increasing the area
of common ground. Such a procedure was designed to assist all delegations, large
and small.
Mr. KORTCHEFSKIY (Byelorussian Soviet Socialist Republic), speaking on behalf
of the group of Eastern European States, supported the Chairman's suggestions.
Mr. MAJNER (Finland), speaking on behalf of the. group of Western European
and other States, said that, although the group would have preferred the, establishment
of two separate working groups, it was ready, in a spirit of co-operation, to accept
in their gerieral outline the Chairman's suggestions concerning the organization of
work. Since the group had last met, however, certain changes had been made in the
suggested organization of work-which the group as a whole had not yet had the opportunity
to consider or approve. His delegation, for its part, could accept the plan, provided
it was--sufficiently flexible to ensure that all available expertise would be used when
necessary.
The CHAIRMAN said that the solution relating to the selection of a Chairman
to preside over the unofficial meetings had been reached after prolonged discussions,
during which the Latin American countries had suggested that Mr. Vallarta might preside
over the unofficial meetings of the Committee when item 12 was being considered. He
hoped that it would soon be possible to designate a Chairman to preside over the
Committee for the consideration in unofficial meetings of items 13 and 14.
Mr. PAPAGEORGION (Greece) said that his delegation had always believed that
the questions of pollution and scientific research should be considered separately.
He agreed with the Chairman's suggestion relating to the 'selection of a Chairman to
preside over the unofficial meetings, as well as that relating to documentation.
Mr. MBOTE (Kenya) said that his delegation could accept the Chairman's
suggestions. However, in view of the extreme importance of the?questions of scientific
research and the development and transfer of technology, he hoped that the problem of
the selection of a Chairman to preside over the Committee during its- consideration of
those items in unofficial meetings would be resolved as soon as possible, and certainly
before it began considerating them in detail. He also wished to emphasize the need
to avoid a proliferation of ad hoc working groups.
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Mr. YTURRIAGA BARBERANU (Spain) supported the Chairman's suggestions with regard
tto the Committee's organization of work.
,He thought that both official and unofficial meetings of the Committee should be
announced in the Journal.
In order to avoid possible duplication of work, arrangements should be made for
joint meetings with experts from the First and Second Committees.
The CHAIRMAN said that announcements about both kinds of meeting would be
made'in the"Journal.
TYhe'co=ordination of the Committee's work with that of other bodies could be
achieved through regular meetings of the Chairmen of the various Committees, through the
General Committee, through plenary meetings and eventually'through the Drafting Committee.
The matter of duplication was actually covered by rule 17 of the rules of procedure.
Mr. MOORE (United States of America), ?4r. HASSAN (Sudan), Rapporteur,
Mr. HUSSEIN (Pakistan) and, on behalf of the Asian countries, Mr. VAMDEIlGF1BT (Sri Lanka).
endorsed the Chairman's suggestions.
Miss MARIANI (France) accepted the Chairman's suggestions and said she hoped
that the problem of the !chairmanship of the unofficial meetings on scientific research
and the transfer of technology could be rapidly solved.
Mr. DAHMOUCHE (Algeria) said'that he too agreed with the Chairman's
suggestions. He thought that the reports of the ad hoc groups should be made first of
all to an unofficial meeting of the Committee.
Tho,CHAIRMAN replied that the ad hoc groups might, if necessary,..report to, an
official meeting of the Committee. The officers of the Committee would ensure that such
groups did not-proliferate.
Mrs KOVALEV (Union of Soviet Socialist Republics) approved the Chairman's
suggestions on the organization of work, documentation, and avoidance of duplication.=
Tle CIIAYRMAN, said he took it that the Committee approved the suggestions
he had made.
It was so decided.
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P,.,{-,e 6
The CHAIRMAN said that, in order to assist the Committee in its work in
official meetings the following week he would summarize the preparatory work that had
been done on the three items allocated to the Committee in accordance with the decisions
taken at the fifteenth plenary meeting.
With regard to iter:.l2, concerning preservation of the marine environment, he
said that Working Group 2 of Sub-Committee III of the Sea-Bed Committee - the Working
Group on Marine Pollution ?- had, at its March 1973 session in New York and its July-
August 1973 session at Geneva, examined and prepared a number of texts and alternatives
on the basis of formal proposals submitted to Sub-Committee III. Those texts were
reproduced in volume I of the report of.the Sea-Bed Committee to the twenty-eighth
-session of the General Assembly (A/9021, pp. 86-100). They were concerned with the
following matters: basic obligations to preserve and protect the marine environment;
particular obligations to prevent pollution of the marine environment from any source
and the obligation to prevent damage from marine pollution; global and regional
co-operation; technical assistance; monitoring; and standards. The Working Group had
included in its report to the Sub-Committee a set of alternative texts submitted by
Brazil which it had not been able to consider.
The Working Group had not been able to complete its consideration of those texts
or examine other provisions in the formal draft proposals, dealing with the following
matters: definition of..marine pollution, responsibility and liability, enforcement,
immunities, freedom of the high seas, settlement of disputes,.relationship to other
treaties or conventions and international institutions. It had considered some aspects
of those topics, but had not included texts directly relating to them in its report.
During the Committee's official meetings, members would be invited to speak on
all matters raised, whether or not they had been considered by Sub-Committee III. There
were various ways of proceeding, but he felt that it should concentrate on those items
that Sub-Committee III had considered only partially or not at all. He hoped.-that its
discussions would produce guidance for future work.
With regard to item 13, on scientific research,. and item 14, on the development
and transfer of technology, he said that Working Group 3 of Sub-Committee III of the
Sea-Bed Committee - the Working Group on Marine Scientific Research and Transfer of
Technology - had discussed matters relating to the definition and objectives of marine
scientific research and the conduct, promotion and prerequisites of such research in the
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(The Chairman)
light of formal
draft proposals submitted to Sub-, ;pmmitte.e.::ZII. . It`.had:- prepared
alternative texts on'those items, which aspeared.in1,volua,e T: of the report of the'Sea-Bed
Committee to the twenty-eighth session of the General Assembly (A,-09021, Pp. 103-105).
It had7:,not,cOIisidered the following topics, which were covered in the-formal proposals'
submitted to'Sub--Committee TIT: consent,
participation and obligations of cOa,stal.;
States; general conditions for the conduct of marine scientificresearchinternational
and regional co-operation for marine scientific research,'incl ding exchange and
publication of scientific.-data.; int'ernational' institutions; status of :scientific
equipment. in the marine environment; responsibility and liability; settlement of
disputes; and obligations under the United Nations charter and other international
treaties.
The Working Group had not been able to start consideration of the transfer of
technology
The-presanatory work on scientific research and the transfer of technology had:,.
not progressed, beyond its very early stages and the Commit-tee would have to begin more
or less at the,,- beginning .,.The;proposals, texts 'and alternatives would, however, provide
a broad basis for discua-s.ion..
Mr. LEGAULT (Canada) said that two important items, concerning special;,
measures by-coastal States to_
;.. , .. prevent , t o
pollution in the light of ~ei~graphiqal .or;.
ecological corclit'inns and'thezons "approach to the prevention of marine 91 t inn
seemed .to have .been omitted from the Chairman's list of topics knot exauuned,Qr:,.comp. ted
by the Worksri ,,G :
rpups;;of; ":Sub-Cottee III o He suggested that, the twp : items had.
appeared in a number of proposals, including the proposaa..submitted by his own and 16
other delegations (A/AC.138/5C,.,III,/L,56), should.befsdd,ed to the list Of issues to be
discussed by the Committee in official and unofficial meetings.,,
He supported the. Chaa,rman's sug estian that t