SECOND SESSION THIRD COMMITTEE PROVISIONAL SUMMARY RECORD OF THE EIGHTH MEETING

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82S00697R000300070008-2
• Release Decision: RIFPUB
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• Document Page Count: 20
• Document Creation Date: December 12, 2016
• Document Release Date: October 4, 2001
• Sequence Number: 8
• Publication Date: July 23, 1974
• Content Type: MIN

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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Second Session
THIRD COMMITTEE
PROVISIONAL SUMMARY RECORD OF THE EIGHTH MEETING
Held at the Parque Central, Caracas,
on Friday, 19 July 1974, at 10.55 a.m.
Chairman: Mr. YANKOV
Rapporteur: Mr. HASSAN
PROVISIONAL
For participants only
A/CONF.62/C.3/SR.8
23 July 1974
Bulgaria
Sudan
CONTENTS
Statements on item 13 (Scientific research) and item 14 (Development and
transfer of technology) and review of the work of Sub-Committee III of
the Sea-Bed Committee on those items (continued)
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 of the record.
AS THIS RECORD WAS DISTRIBUTED ON 23 JULY 1974, THE TIME-LIMIT FOR CORRECTIONS WILL
BE 30 JULY 1974.
The co-operation of participants in strictly observing this time-limit would be
greatly appreciated.
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English
Pace 2
STATEMENTS ON ITE14 13 (SCIENTIFIC RESEARCH) AND ITEM 14 (DEVELOPMENT AND TRANSFER OF
TECHNOLOGY) AND REVIE1-I OF THE WORK OF SUB-COMMITTEE III OF THE SEA-BED COMMITTEE ON
THOSE ITEMS Official Records of the General Assembly, Twenty-eighth session,
Supplement No. 1 A/9021 vol. I, pp. 75-84 and 102-1051 (continued)
Mr. EHRMAN (Panama) said that since there was no lack of exchange of
scientific information among the developing countries or any transfer of such
information from the developed to the developing countries, there was no unity of
view concerning the problems of scientific research. Better means of scientific
communication would have to be established, so that marine information would be
accessible to all countries.
His Government recognized the need for unrestricted marine scientific research, but
it would have to be regulated, to avoid the risk of abuse. For that reason it maintained
the sovereign right to regulate such activities in its territorial waters.
It was difficult to separate scientific research from marine pollution and
protection of the marine environment, because it was scientific research which would
show the way to combat pollution and protect the seas.
There were two divergent approaches to the question, neither of which his
delegation could accept as a solution. The first was that pollution was an invention
of the developed countries to gain economic control of the developing countries and
that drastic controls were necessary; but excessive restrictive measures resulting from
improper interpretation of scientific experiment would cut down the development of the
developing countries. The second approach favoured development at all costs; and the
consequences of development without scientific planning would be disastrous, because the
very basis of development would be destroyed by pollution and inadequate use of
resources. Panama had known two such examples, connected with the building of the
Panama Canal, the first resulting in the disappearance of several species of fish and
the second in the transformation of the Barraza, Santo Domingo and Bella Vista beaches
into a noisesome bay whose foul-smelling air reached the urban sectors along the
Bay of Panama.
Development must be carried out with the scientific co-operation of all countries,
sharing and learning from experience and mistakes.
Mr. S 'iSON (United States of America) said his delegation believed that
the coastal State should have the right to authorize and regulate scientific research
in the territorial sea and that the existing right to conduct research in the area
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Stevenson, United States)
beyond the limits of national jurisdiction, as provided in the Declaration of
Principles, should continue. It was clear, too, that coastal States should have
jurisdiction to control commercial exploration in the economic zone. The basic
question was the regime for scientific research in the economic zone adjacent to the
territorial sea.
If an zone was established at a distance of 200 miles from the.coast, it
would include at least one third of the ocean, of particular importance to scientists.
The two fundamental marine science questions before the Conference were: first, to
determine whether to promote marine science; and secondly, to decide how to accommodate
other interests in the conduct of marine science. He believed. that there was a
consensus in favour of encouraging marine scientific research and that the rules
regarding it should ensure the greatest benefit to all and the protection of coastal
State interests in the economic zone. The regime to be created. must reflect that
consensus.
Marine research was often difficult, time-consuming and expenwive, and therefore
beyond the limited resources of many developing countries. The only way to ensure that
research conducted by countries willing to use some of their resources for the. purpose
would benefit all countries, including the developing countries, would be to create a
regime which would guarantee that research was conducted. for the universal benefit.
A consent regime would not foster scientific research, but would tend to preclude
or undermine its validity. Oceanic processes did not respect man-made boundaries;
and while useful research could often be conducted on the long coastlines of his
country and its neighbours in the Western Hemisphere without the consent of all the
coastal States concerned, that would not be true, for example, in.the Gulf of Guinea
if only some of the States gave consent.
To ensure that all States benefited from marine scientific research, it was
important to avoid restrictions on the wide dissemination of findings. Scientific
knowledge must :flow not only to the coastal and researching States but to all mankind.
Marine scientists should be free to carry out research anywhere in the seas
without restriction; but the legitimate rights and interests of coastal States must be
,accommodated. To that end, his delegation had prepared in 1973 a draft treaty proposal
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(Mr. Stevenson, United States)
containing a list of coastal rights embodie. in the following obligations for anyone
wishing to conduct research in the zone: advance notification and a detailed
description of the proposed research; the coastal State to have the right to participate_
directly or through an international organization of its choice; sharing of all data
and samples with the coastal State; assistance to the coastal State in interpreting the
results of the research; early publication of the significant results in an open', readily
available scientific publication; compliance with all applicable international
environmental standards; and flag State certification that the research would be
conducted in accordance with the treaty by a qualified institution and would be purely
scientific. That list was an effort to meet the legitimate concernsof coastal States
and was based on a study of the national laws of other States.
Among the reasons for the proposed list, he mentioned that open publication would
.provide additional assurance that the research was not commercially oriented, since
collectors of proprietary data were rarely willing to share it with competitors; that
compliance with international environmental standards would ensure protection of the
environment of the economic zone, that coastal States should have the right to authorize
and regulate scientific drilling which was an environmental threat; and that respect for
the rights and interests of the coastal State would prevent unreasonable.interference
with fishing or sea-bed exploitation.
If a researcher met the obligations listed, he should be able to conduct research
without coastal State consent. There should, however, be a mechanism for compulsory
settlement of disputes over whether they had in fact been met. He would welcome views
on ways of balancing the interests of both sides.
He believed that the draft articles provided a balance between rights and duties
which protected the coastal States' interests while fostering the conduct of marine
scientific research and ensuring that it would benefit everyone.
With regard to the transfer of technology, he did not support the suggestion made
by.some representatives that it should be made dependent on coastal State right of
consent. To be effective, it must be regular and sustained and not the result of
negotiations with the occasional research vessel seeking permission. A consent regime
would increase research costs and thus reduce the amount of research; and neither
scientific objectives nor the developing countries' objectives would be served if cost
became a major factor in determining where research should take place. Transfer of
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(Mr. Stevenson, United States)
marine science technology would best be accomplished through multilateral effort, not
through ad hoc bargaining for consent to do research.
He recalled his delegation's statement in 1972 to Sub-Committee III of the Sea-Bed
Committee, expressing its willingness to commit funds to support multilateral efforts in
all apprcpriat^ international agencies with a view to creating and enlarging developing
States' sbility to interpret and use scientific data for economic benefit and other
purposes; to augment their expertise in marine science research; and to have available
scientific research equipment, including the `capacity to maintain and use it; such funds
to be In addition to financial efforts by 'the international sea-bed authority. He now
wished to rc-errs .~.ize his country's willingness to participate in such programmes.
Mr.. VARGAS (Mexico) said that his country had a sea coast about 10,000 km.
long - the svcoond longest in Latin America - a continental shelf of about
ILOO,000 sgaisre kn. and. about 15 million hectares of coastal lakes and estuaries. Its
coastal waters c,:: the Pacific Ocean, the Gulfs of Mexico and California, and the
Caribi can Sea t.rcr rich :'.. fish. In order to ensure the full use.of the sea, the
rational de;r 1.tip-r" :zit and exploitation of its resources and the gathering of data on the
marine en'riro:riw t, it tra; essential to conduct scientific research on the sea and its
resources both rex.cwa0-}1.e and non-renewable. His delegation. considered, however, that
such research shoi.:'7 c_ not be regarded. as an unrestricted activity. Along with many
developing con: sr:!os , Me-x.i.co believed that it should be .subject to a measure of control
and. regu1s; ; Ican. f. national maritime areas and in the international area of the
sea-Ned. Uirestri?-ted.freedom of scientific research was no longer acceptable.
His .delerr~tion's vie-,4s on marine scientific research had already been: stated in
document P./AC.':.:yt a'; CI1I/SR.28 but he wished to supplement its basic points. The
distinction betvr en pure and applied scientific research was artificial and basic and
applied re e,u,o, vere sir iAy stages in the same.process, Any State,, regardless of its
geographic t ).ss_ticn, or any international organization, could conduct scientific
research in th::~ sea, as long as it respected.the rights of the coastal States-and took
into accou.t the interests of the internaticnal community, in particular the interests
and needs of the developing countries. His delegation also agreed with the delegations
which had propoEed that scientific research .in. the marine environment should be subject
to a set of ba.:-i c prince ,p1Fq providing. among other things, that such research should be
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(Mr. Vargas, Mexico)
conducted in a reasonable way and without unjustified interference with other uses of
the sea; that it should conform with the relevant laws and regulations of the coastal
State in areas subject to the sovereignty and jurisdiction of the State concerned; that
it should not cause pollution or harm to marine species; that it should not be the basis
for any legal claim on any part of the sea or its resources; and that it should take
into account the degree of social and economic development and the national priorities
of the coastal State.
The coastal State should have the right to participate or be represented in all
stages of the scientific research, from planning up to the final stage of evaluating
results when such research was conducted in the maritime areas within the sovereignty
and jurisdiction of the coastal State.
No scientific research should take place in the territorial sea, the patrimonial
sea or the continental shelf without the coastal State's prior authorization. However,
the coastal State should not withhold its authorization unreasonably if the established
requirements had been fulfilled.
It was the sovereign right of the coastal State to establish reasonable conditions
for authorizing scientific research in any of those maritime areas by individuals or
foreign institutions, such conditions to take account of the purposes of the research,
including its economic implications, the type means and site of research, the name,
captain, tonnage, type and class of ship and its ship-borne scientific facilities; the
names of the scientists taking part, the name of the person in charge of the project,
and the name of the institute sponsoring; the proposed time-table and other relevant
information.
Such information should be given to the coastal State within six months of the
date proposed for starting research; the coastal State would be allowed a period not
exceeding three months to reply to a properly submitted request, but the period could
be reduced if a scientist or representative of the coastal State participated in the
planning and preparatory work or in the implementation and evaluation of results.
By authorizing scientific research in the maritime areas under its sovereignty
or jurisdiction a coastal State should acquire the following rights: to participate or
be represented in all phases of such research, to make appropriate use of and share in
the samples obtained, to have access to all information and the results obtained from it,
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(Mr. Vargas, Mexico)
to require publication of the results, to obtain adequate technical a;,3,sistance to
understand fully the information resulting from the research,.particularly in its
scientific and economic' aspects, and the right to:control and supervise. the research.
The coastal State would grant appropriate facilities for the.conduct of the
research it had authorized, and it would be desirable for the State to co-operate in
subregional, regional and multinational research when such research was conducted in
accordance with the relevant principles and rules.
He stressed the importance of satellites in scientific; research, particularly in
connexion with marine and land resources. In the exploitation of.fisherie.s, weather
forecasting and pollution, for example, satellites were already an important factor
which in some cases could be detrimental to the States which lacked technological means.
Satellites could. also on occasion be used instead of oceanographic vessels for marine
scientific research in order to evade the requirements laid down by the coastal State
concerning the marine area under its sovereignty or jurisdiction. Careful study must
be ?given to the kind of regulation and control required for'satellites used for marine
scientific research which affected the natural resources, renewable.. and. non-renewable,
over which a coastal State exercised full sovereignty.
Mr.. HARAN. (Israel) said his country had few natural resources and would
derive no.substantial advantage from eixtending its jurisdiction over marine resources,
but would beadversely affected by the extension of such jurisdiction by other States.
On the.other,?hannd, it was favourably positioned for 'marine research and would spare
no efforts to develop and encourage its potential in that field. Consequently, his
Goy9rnment had established an oceanographic and limnological research organization whose
main research facility, .. the. Israel Oceanographic Institute, was'in Haifa. Both the
Institute and its extension, the Eilat Marine Biological Laboratory, had small research
vessels which were working in the Mediterranean and the Red Sea.
Freedom of research was one of the imperatives of modern society'and had been of
the greatest benefit to mankind. Scientific research, which must not arid, in fact,
could not be kept a secret, clearly offered the greatest promise to the developing
countries in coping with some of the problems facing them. One. of the conditions for
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(Mr. Haran, Israel)
assuring the developing countries access to scientific knowledge was that they must help
to maintain the freedom of research and encourage others to do likewise. Freedom of
research was particularly necessary for marine research. The preservation and
improvement of the marine environment and the rational and effective use of its
resources required the deep understanding and fullness of knowledge that only unhampered
oceanographic and marine research could provide.
Freedom to carry out scientific research was one of the universally recognized
freedoms of the high seas, subject only to the need to protect the marine environment.
In the territorial sea, coastal States had rights and interests which had long been
recognized by all, including the right to allow or prohibit scientific research. In
view of the widening of the territorial sea in many parts of the globe, it would help
marine research if a formula could be found that would stipulate that permission to
conduct such research would be refused only for very serious reasons.
The proposed economic zone would be of enormous size, covering nearly one fifth
of the world ocean. Most marine research was carried out in an area only a few hundred
kilometres from the coast and would be jeopardized unless a liberal regime was provided
for marine research. That could be done by drawing up a list of the obligations of
those carrying out research in the area, rather than by enforcing a consent regime like
that applied to the territorial sea. The obligations could include, inter alia, flag
State certification that research was being conducted by a qualified institution,
publication of research results and compliance with applicable international
environmental standards. The issue was of decisive importance and might well determine
the whole future of marine research.
The proposed convention on the law of the sea would make only a small contribution
to the transfer of technology to the developing countries. The Convention should
contain provisions relating to the transfer of technology, but they should be seen only
as a stepping stone for further efforts. The principal efforts must be made in the
international organizations possessing the necessary expertise.
Mr. FINUCANE (Ireland) said that his country, which had a long coastline
and a large continental shelf area, was particularly interested in marine research
and transfer of technology. Marine research was fundamental to the efficient
understanding, management and orderly development of marine resources.
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(Mr.'' Finucane, Ireland)
Much marine research was fundamental and did not: lead directly to economic
exploitation. Its pursuance was a legitimate objective in itself; an_increased
understanding of the oceans should be encouraged and expanded as far as possible.
The difference between pure and applied research was increasingly difficult-to define
and was subject to change as a result of technological development. Consequently,
any country wishing to carry out marine research within the territorial sea ox' economic'
zone of a coastal State should obtain the State?s consent beforehand. In order not
to interfere with the conduct of scientific research, consent should not be
arbitrarily refused.or delayed unreasonably.
r'Iarine research should be conducted with maximum efficiency and rationalization,
and with. maximum regard for the safety of personnel and equipment. Programmes should
be designed to contribute as far as possible to the growth of scientific knowledge,
while interfering as little as possible with marine ecology. Accordingly, a coastal.
State should be able to make regulations for the conduct of marine research in its
area of coastal State jurisdiction. Marine research had economic, social.,andpolitical
implications and, the interests of coastal States in the economic zone could best, be
protected by the coastal State itself by the application of a reasonable consent regime.
On the, high seas, marine research should be carried out freely, within the
jurisdiction of_ the international ocean authority, and subject only to achieving the
most efficient. and rational development of marine science programmes. Countries or
institutions wishing to carry out marine research in the area should notify the
authority in sufficient time for the authority to consider the programmes in relation
to others. The authority should draw the attention of.countries proposing programmes
to similar programmes being carried out. by other countries and should promote joint
programmes as far as possible. The authority should also promote and encourage the
carrying out..of,marine research in such a way as to lead to the orderly and
equitable exploration and exploitation of international ocean space.. In some instances,
the economic zone might be arbitrary in terms of the physical characteristics of the
adjacent -ocean, certain coastal States might.accordingly have a legitimate interest
in programmes being carried out adjacent to that economic zone. The,;agency should
therefore notify coastal States of programmes in.areas adjacent,to their economic zone,
and should.. promote their. participation in those programmes.
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(r. Finucane, Ireland)
The results o~ a:!? marine iL?esearc.ii should be disseminated in such a way as to
increase as far as possible international scientific understanding of the oceans. They
should therefore be disseminated as widely, fully and quickly as possible.
His delegation attached the highest importance to the subject of technology
transfer. As a country with limited resources, Ireland. full, understood the position
of representatives from developing countries whc had spoken on the urgency of
establishing suitable mechanisms for the transfer of a relevant and meaningful
technology.
IMIr. RODRIGUEZ (Venezuela) said that the regulation of a scientific research
was an important aspect of the concept of the patrimonial sea. Research could affect
the exploitation of the resources of the exclusive economic zone, and must therefore
be defined clearly so as to protect and ensure the continuity of bona fide research
in the future. Research must be distinguished from industrial exploration and from
commercial and military activities. Bona fide research should be subject to the previous
consent of coastal Sta.t'~s. Scientific progress must not be held up.
His delegation believed that a new era of research was beginning. Unilateral
research by the developed countries could give way to bilateral agreements topromote
research. International machinery could be established, perhaps with the participation
of the international sea-bed authority, to serve as a clearing-house for projects put
up by various countries and to facilitate the formalities for research in the exclusive
economic zone.
Technological progress had a direct effect on productivity and was therefore a
fundamental factor of under-development. It was in the interest of the whole
,ional coitmuu?.ty .c seek vg'Ts of narrowing the technology gap by facilitating
the transfer of technology from the developed countries to the developing countries.
The new sea law package deal should therefore include general, clear and exact
provisions concerning the transfer of technology. Firstly, the priorities set by
receiving countries must be taken into account, without narrowing their options.
The technology should not be limited to anti-pollution and marine environment
protection, but should cover a wide range of subjects of importance to marine science.
Secondly, the technical and scientific structure of the developing countries must be
taken into account, as must the need to reinforce the structure by training national
technical personnel. He reiterated his delegation's concern over the general rise
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(Mr. Rodriguez, Venezuela)
in training costs in major international education institutions. Thirdly, the
organizations and bodies of the United Rations that encouraged the international
transfer of technology must be riven greater support. Fourthly,. the developed
countries must take action at home to provide the developing countries with access to
all sources of technology without any discrimination. Fifthly, the direct and
indirect costs of the transfer of technology could..be....very high and his delegation
did not wish to see the economically weaker coastal States barred from a u;lore
intensive and rational exploitation of the sea by economic and financial difficulties
in acquiring advanced technology. What was involved was not. international assistance,
but justice between peoples.
Mr. LO (China) said the contention of many countries of the third world
thatmaxine.scientific research should
be- appropriately-regulated was entirely proper
,,..and, shouLd be taken as the basis for discussion at the Conference. The super-Powers,
however;. in disregard of the just demands of the majority of States, strongly opposed
the-regulation by coastal States of scientific research"in sea :areas under national'
jurisdiction. Marine research, like any other scientific research, directly or
,.,indirectly served definite political, economic or military purposes. If.such
scientific, research was permitted freely, the coastal States would be unable to
,safeguard their sovereignty and protect their national security. In the hands of the
super-Powers, marine research was a means of contending for maritime hegemony and for
pursuing policies of aggression and plunder. The so-called "freedom of scientific
research" advocated by them was only the freedom to violate the sovereignty of other
States and to monopolize marine research. To counter that, it was entirely necessary
that many countries, particularly those of the third world, should insist on the
appropriate regulation of marine. research. His delegation fully supported their stand.
Marine research should be governed by the following basic principles: firstly,
anyone wishing to conduct marine research in the sea area within the national
Jurisdiction of another. coastal State must obtain the prior consent of that State
and observe its relevant laws and regulations. Secondly, a coastal State had.the right
to take part in any scientific research carried out by other countries in the; sea. area
under its national jurisdiction and to obtain the data and results thereof. Such
data, and results could not be published or transferred without the prior consent of the
coastal State concerned. Thirdly, marine research in the international sea area beyond
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(Mr. Lo, China)
national jurisdiction should be subject to :-egulation by the international regime and
international machinery to be established. Fourthly, all States should promote
international co-operation in marine research and actively assist the developing
countries to enhance their .capability to conduct marine research independently, on
the basis of mutual respect for sovereignty and equality and mutual benefit.
The developing countries 'iac great potential for developing their marine science
and technolog, independently. That could be done by unr.?enitting effort in the light
of a country's own specific characteristics and conditions and by advancing along the
road of independence and self-reliance. Self-reliance did not mean self-seclusion
or the rejection of foreign aid. All countries should exchange marine environment
preservation and marine research techniques. His country wished to learn from the
useful experience of other countries in that respect. There should be an active
transfer of technology to developing countries, without any conditions or demands for
special privileges. The technology transferred must be practical, efficient, economic
and convenient to use. Experts and other personnel dispatched to the recipient countries
should conscientiously pass on technical know-how to the peoples of those countries
whose laws and national customs should be respected. They must not ask for special
facilities or engage in illegal activities.
The question of marine research and the transfer of technology could be reasonably
resolved only on the basis of respect for national sovereignty and the equality of all
countries. His delegations basic stand was that the sovereignty of all States should
be safeguarded and their national economic interests defended, and super-Power
hegemonism should be opposed.
1Sr. STRO-4"RG (Sweden) said that the effective conduct of ocean research
was dependent on ease of access and flexibility of movement. The sealing of large
areas of the ocean by imposing strict rules or. the conduct of scientific research would
delay and might even obstruct a final understanding of many of the natural processes
of the oceans, of which only the most gross features were generally known. The
distribution of resources and of man's activities and their effects on the environment
made research necessary in waters and on the sea-bed rather close to the continents.
Marine pollution as a case in point. Any rules would have to be temporary and subject
to modification as knowledge increased. It was for the very reasons he had outlined
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(Mr. Stromberg Sweden)
that Swedish scientists had strongly supported. the views expressed by the International
Council of Scientific Unions (ICSU) and :ts Scientific Committee on Oceanic Research
at the 38th meeting of Sub-.Coinaittee III of the United "rations Sea.-Bed Committee.
His delegation favoured fl ximimi freedom of scientific research; marine research
should not form the legal basis for any claim to any part of the marine environment
or its resources. It was important to distinguish between exploration leading to
exploitation, which should be regulated by an international authority when carried
out outside territorial waters and economic zones, and open scientific research which
should be interfered with as little as possible. There was little reason to change
existing regulations governing scientific research.w.ithin territorial waters. The
coastal State should have sovereign rights to the area but should co-operate as far
as possible with. other nations in studying marine science within the area.
His delegation was aware that the concept of an economic zone would raise
problems for scientific research. Because of the economic importance of possible
resources,, a. coastal State must have the right to participate in oceanographic research
in the economic zone and should have the right to be informed'of all the results of
the investigation. The results should. be printed and disseminated, the resources
of the area should. .ot be harmed. Existing regulations for the continental shelf
concerning, geological aspects were satisfactory, but would require reconsideration
should the economic zone extend beyond the shelf.
Less strict regulations should apply to investigation of the water mass above
the sea-bed and to studies of the benthic fauna and of the interaction between the
sediment and the water. The coastal States should be notified well in advance
of any intention to carry out a research_.project into any. of those matters within
their economic zones.
Scientific research in areas,beyond the economic zones should be stimulated. The
international authority must, however, be notified in advance. That would have.the.~..,
advantage of informing the scientific and international community about projects,
thereby facilitating international co-operation and reducing the risk-of!:duplication,.
International knowledge of research projects would reduce the risk of any research
contrary to the general principles of the Sea-.Bed .Convention. Such research would
require the formal consent of the authority, which could also have the right to
have observers participating in the projects. His delegation was therefore in favour
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(sir. Str5mberr, Sweden)
of suggestions that would stimulate marine research for the benefit of mankind and
the publishing and the dissemination of results through, international channels.
It was also in favour of increased support to the developing countries to help them
to increase their capabilities and to make use of the results of the research. The
transfer of technology was imperative for that purpose, as was assistance to take
advantage of scientific results produced elsewhere.
i.ir. BM(Federal Republic of Germany) said that, in his delegation's
opinion, there was a close substantive link between marine scientific research and the
transfer of marine technology. That was because in recent years marine scientific
research had grown increasingly dependent on the use of the most up-to-date equipment
and processes, while the application, development and transfer of marine technology
called for ever more precise information on the sea and the marine environment. In
view of that link, solutions to the problem involved could best be reached if both
items were discussed together.
The discussions in the Third Committee should be confined to fundamental research
for peaceful purposes and should not extend to commercial prospecting, exploration and
exploitation. Fundamental research for peaceful purposes must be conducted with as
few restrictions as possible. In order to benefit all States and all interested
international organizations, including the future sea-bed authority, there should be as
much international co-operation, participation of foreign scientists and publication
of research results as possible.
In the territorial sea, scientific research should be subject to the express
consent of the coastal State. In the adjacent areas beyond the territorial sea,
where the coastal State might be expected to enjoy special rights on the basis of
existing or future conventions, scientific research must be conducted in close
co-operation with the coastal State, but should not be subject to complicated
bureaucratic procedures. The nationals of coastal.States must be given the opportunity
to participate in the planning of research projects and the evaluation of results, as
well as in research expeditions.
In the remaining area of the high seas, the sea-bed and the ocean floor, there
should be free research for the benefit of all States and interested international
organizations.
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(Mr. Knoke, Federal Republic of Germany)
In, all areas of the sea, marine scientific research should be conducted with due
regard to other uses of the sea and with strict and adequate. safeguards for the
protection of the marine environment
His Government accorded high priority to international co-operation in.the.,field
of.scientific research., and a large number of scientists and research vessels from
his'country..were.already,taking part in international research projects. However,
co-operation should be.further intensified and expanded with a view to strengthening
.,-,the capacity of-all States to conduct research themsglves. .
Special emphasis should be given. to international co-operation in the. development
and transfer of marine technology. Problems relating to investment, the participation
of companies and the protection of technical: know-how could,.he believed, be overcome
through joint efforts. The basis for such efforts should be, as far as the developed
countries were concerned, a more exact knowledge of the scientific and technical
needs of the developing countries and, as. far as the developing countries were concerned,
abetter appreciation of the,-needs of companies of scientifically advanced countries
engaged in the development of:,marine technology and. the production of scientific and
technical equipment. :.;The following_ list of measures, although not comprehensive,
deserved-;consideration and might.perhaps serve as a basis for the Committee?s
diseus,sions on ways of promoting the transfer of marine technology: (a) intensive
education and training of experts from, developing countries at institutions and
establishments of-developed countries and at regional training centres in developing
countries; (b) dispatch of.technical.experts to developing countries., (c) development
of:-rational technical processes. and. durable technical equipment, adapted to the special
needs of the developing countries,,.(d) provision of technical equipment together with
the knowledge and capability.to.operate and maintain it,.(e) promotion of joint
ventures by both developed and.. developing countries for the development and application
of marine technology ;in developing -countries. :_. _.
His-delegation believed.that the more general discussions. on the.transfer,of
technology which had..taken place within the framework of the Economic and Social
Council, UHCTAD, UNIDO and UNITAR would be of interest to the Committee. It therefore
requested the. Secretariat to prepare a paper on the subject, outlining the-action-taken
and the results achieved.. The Committee,should also draw on the experience of
international organizations, particularly the International Atomic Energy Agency, in
the field of technical assistance.
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Mr. de las CASAS BRIEVE (Peru) said that his country's position concerning
scientific research within the zone subject to the jurisdiction of the coastal State
had been set forth in document A/AC.138/SC.III/L.45 and was the fruit of 27 years'
experience.
Peru belonged to the school of thought which favoured dividing the ocean into
two areas for the purposes of conducting scientific research: an area of 200 miles
where the coastal State would have the right to regulate all activities; and an
international area where scientific research would be subject to international
regulations. In the first area, any scientific research undertaken must comply
strictly with the regulations of the coastal State and be authorized by it. The
following information should be communicated to the coastal State by those wishing
to conduct the research: (a) the objectives and tasks of their research; (b) the means
to be used; (c) the scientific staff to be employed; (d) the zones in which the
activities were to be conducted; and (e) the dates'proposed and an undertaking to
transmit to the coastal State the primary data and results of investigation and any
samples obtained. Research activities under those conditions had been carried out in
the area under Peru's jurisdiction by, inter alia, the United States, the Soviet Union
and Japan. Peruvian scientists had participated in all the research activities, and
Peru's consent had been sought for any changes made in the conditions laid down in the
relevant authorization. The results of the research should be made available by the
participating countries through publication in readily available scientific magazines.
His delegation believed that the concept of a 200-mile area over which the coastal
State would exercise its jurisdiction could perfectly well be reconciled with such
other concepts as the national sea, the economic zone or the patrimonial sea.
Peru had also gained valuable experience in the development of-technology, as a
result of which its fishing industry had made rapid strides. It had taken existing
technology, adapted it to its own special circumstances, and succeeded in creating an
authentic technology of its own. In addition, as a result of joint research agreements
with other countries and with the United Nations Development Programme, three highly
efficient fisheries research institutes had been established on the western coast of
South America. In every instance, Peru had found the crucial step to be the passage
from mere utilization to the actual elaboration of technical knowledge.
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(Mr. de las Casas Brieve., Peru)
His delegation advocated the expansion of regional research programmes in which
the personnel of regional or subregional institutes worked together with high-level
experts from international organizations or the more advanced 'countries to solve common
scientific and technological problems.
In conclusion,'he suggested that the representative of UNCTAD should be invited
to speak about the transfer of technology.
Mr. FARINHA DA CONCEICAO (Portugal) observed that the distinction made by
some scientists between fundamental and applied research, was not accepted by everyone
since fundamental research, although not directed at a specific goal, sometimes
generated knowledge which had a practical application. Consequently, his delegation
preferred not 'to make a rigid distinction between the two. For that reason, it
endorsed'the definition of marine scientific research prepared by Working Group 3 of
Sub-Committee III of the Sea-Bed Committee (A/9021, vol. I, p. 103, Paper No. 4),
believing that the Group had been justified in excluding from the definitioti industrial
exploration and other activities aimed at the direct exploitation of marine' resources.
However, it should be recognized that scientific knowledge of the marine environment
resulting from research could be used in activities in some way linked to the
exploitation'of'the resources of the sea, provided that the relevant regulations were
complied with.
Turning to Paper No. 5 prepared by the same Working Group (A/9021, vol. I, p. 103),
he suggested that the subject of the conduct and promotion of marine scientific research
required further study by the Group.
As far as research in the jurisdictional zones of the coastal State was concerned,
his delegation was prepared to support a co-operative arrangement under which the
coastal State could authorize the conduct of scientific research in exchange for being
allowed to participate in the activities and being informed without delay of the results.
Although all States attached the greatest importance to marine scientific research,
many lacked the means to conduct it. Moreover, research work, to be fully beneficial
to all mankind, should be conducted in all parts of the marine environment.
Consequently, his delegation felt that there should be co-operative programmes in
which scientific 'research 'was carried out jointly by States and the competent
specialized agencies.
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(Mr..Farinha da Eonceicao, Portugal)
The co-operative effort should be so organized
as to promote: (a) the training
of experts from the developing countries; (b) the delivery of equipment and exchange
of scientific data and samples; (c) the participation by developing States in the work
carried out on board research ships and in laboratories and data-processing centres;
(d) where possible, the participation of scientists from the coastal State in the
design of the research programme.
Mr. NTANILA (United Republic of Tanzania) observed that although science and
technology had served the noble goal of liberating man both intellectually and
physically from degrading social and environmental regimes, they had also been made to
serve colonial and imperialistic interests by enhancing the economic, political and
military aggrandizement of some nations. His delegation sincerely hoped that the
present Conference would not facilitate the selfish exploitation of the oceans by
such nations.
Certain of the statements made by representatives of the technologically advanced
States gave the distinct impression that developing countries were apathetic about
conducting scientific research. Such an impression was certainly not borne out by the
proceedings of the many regional conferences for the application of science and
technology sponsored by UNESCO, nor by the existence of a scientific and technical
commission within the Organization of African Unity. Moreover, many developing
countries had apportioned a considerable percentage of their limited financial
resources for the purpose of establishing national infrastructures for the promotion
of science and technology. Indeed, in view of the problems facing developing countries
in many areas of human life and endeavour, it was tempting to assert that the need for
scientific and technological research and the transfer of technology was greater for
the third world than for the technologically advanced States.
Marine scientific and technological research was a prerequisite for the efficient
management of both the living and non-living resources of the ocean. With regard to
fish, there was a need to obtain accurate information on reproductive cycles, food
relationships, ocean current movements, population dynamics, light intensity and
temperature variations, salinity changes, plankton concentrations, species distribution,
growth rates, and so forth. With regard to marine flora, it had been recognized that
algal species held a vast potentiality as human food, animal feed, manure, sources of
drugs and other industrially important products. As far as non-living resources were
/...
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.(Mr.Ntamila, Tanzania)
concerned, sound policies must be evolved to guide'exploitation of the mineral-bearing
nodules'on the sea-bed and exploration for'petroleum under the continental shelf.
All nations needed safe shipping routes in order to conduct their international
trade, as well'as the assurance that their security and sovereignty would not be
threatened by the transportation of military personnel and equipment from one part, of
the world to another. With regard to marine pollution, steps must be taken to preserve
the ba:alLtnce of the narin(:: s,yste..nnd hence: the quality of life for future ;ener-ttions
of mankind.
In view of the above, his delegation had reached the following conclusions.
Firstly, scientific and technological research must be conducted in order to be
able to carry out effectively the complex task of managing and exploiting the natural
resources of the oceans. Since such research was an urgent necessity, there was
little point in drawing a distinction between applied and fundamental research.
Secondly, research was a prerequisite for national and world survival. Thirdly,
research must be conducted for the understanding of marine systems without which
there could be no viable resource management and exploitation policy. Fourthly,
successful research programmes required the co-operation of States, the organizations
of the United Nations family, and non-governmental organization at the regional and
international levels. Fifthly, co-operative research programmes, particularly those
in which advantaged and disadvantaged States participated, would be viable only if
they were conducted on a basis of equality. That implied prior consultations and
consent, and also the transfer of technology in the areas of pollution abatement,
oceanography and sea-bed technology. The United Nations should therefore spare no
effort in order to find ways and means of off-setting the costs of the transfer of
appropriate technology to developing countries; one such way was by establishing
regional training and research institutions.
His delegation maintained its previous position that no one international
organization should be designated as the sole competent authority on matters of marine
scientific research or even on marine pollution at the present stage.
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(Mr. Ntamila, Tanzania)
Both the Intergovernmental Oceanographic Commission and the First United Nations
Conference on the Human Environment had recommended that any research programmes
undertaken in the zones under the jurisdiction of coastal States must be`subject to
the consent of the coastal States and provide for their participation. His delegation
fully endorsed that view and believed that to go against it would be an unrealistic and
anachronistic step.
The meeting rose at 1.05 p.m.
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