PROVISION 4 U. S. PREFERRED ALTERNATIVE: FORMULA A

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82S00697R000400030005-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 12, 2016
• Document Release Date: January 25, 2002
• Sequence Number: 5
• Publication Date: February 6, 1975
• Content Type: SUMMARY

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selenes
Memorandum am
DRAFT FOR US DELEGATION MEMBERS ONLY February 6, 1975
PROVISION 4
U.S. Preferred Alternative: Formula A
U.S. Alternative Preference: A modified Formula A to
include specific criteria
(1) FORMULA A Text
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.
(2) SOURCE: 1958 Geneva Convention on the Territorial
Sea, Section Ii, Article 3 plus other texts submitted by
various states in Caracas.
(3) ANALYSIS: The existing language of the Convention
on the Terrritorial Sea has had wide-spread acceptance
and has generally worked well. Article 3 has three
essential problems inherent in its current construction
and language:
(a) In a recent ECAFE report on mapping, it was noted
that approximately 75% of the coastal states of the world
do not have the capacity to perform their own hydrographic
surveys and to produce their own navigational and coastal
charts. As a consequence, "officially--recognized" charts
State Dept. review completed
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are often difficult to identify in the absence of a require-
ment in the Convention for the coastal state to specify
a chart or series of charts. Most mariners assume the charts
they are utilizing to be accurate depictions on which they
may rely. Unfortunately, if the chart is made by a foreign
source, local features not associated directly with navi-
gation, i.e., bouys, lights, etc., may not be current or
accurately depicted. Generally mariners rely on navigational
charts produced by the United States (DMA/11C), the United
Kingdom (Admiralty) or France. Often these charts will
be utilized even if locally--produced charts are available;
language problems, widespread availability, familarity, etc.
tend to favor the use of US, UK and French charts. For
a variety of reasons, primarily budgetary, foreign produced
charts may be, and often are, out-of--date in their depiction
of the baseline which is not deemed essential for navigation.
Some coastal states, of course, do not release their
large-scale charts.
(b) In US court cases, the courts haves often ignored
the charted position of thcaaseline to seek the actual
baseline as it existed at the time of the cause of the
litigation. This fact argues for a specific series of
boundary maps rather than reliance upon charts, i.e., navi-
gational maps, or requirements for the continuous revision
of nautical charts which depict the actual and existing base-
line. Cost and other factors make this option virtually
impossible. for specific inclusion in an international treaty
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(c) Even in the United States, which has a highly
developed coastal mapping program, the depicted baseline
will vary from chart series to chart series. The differ-
ences have more to do with the intent of the particular
scale of the series rather than with the scale itself.
Low tide features, which serve as basepoints for the
determination of the territorial sea, may be left off of
coastal navigation charts but be shown on harbor charts.
The latter cannot be used for territorial sea measurement
since they do not extend 3 nautical miles let alone 12 nautical
miles seaward. Moreover, differences in baseline depiction
may occur as a result of printing dates; in this event,
bordering sheets may not match and the mariner must assume
the newer chart is the more accurate chart. Cost appears
to be the primary factor but, as noted, choices made by
draftsmen may enter into the equation.
(4) US OPINION: The technical group which examined these
questions prior to Caracas concluded that the United States
should not attempt to revise the existing language of the
Convention on the Territorial Sea and the Contiguous Zone
as it is related to the normal baseline for the measurement
of the territorial sea.
(5) TECHNICAL AND DFA.FTTNG PROBLEM,MS : Most coastal states
do not have coast guards which possess the sophisticated
equipment necessary for the determination of ship positions
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within a degree of accuracy necessary to warrant a redraft
of the existing language.. However, if the Article becomes
open for revision, the US should attempt to add additional
language which would require, as in the straight baseline
'articles, that the coastal state give due publicity to the
charts which it recognizes as official. A chart depository
could be established under UN auspices. All states would be
required to deposit their official charts and the UN would
give due publicity to them.
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(1) FORMULA B TEXT
A coastal State may adopt its own method of drawing
the baseline according to the topographical features
of its coast.
In localities where the coastline is regular or the
coast is low and flat, the method of natural baseline,
may be employed for measuring the breadth of the
territorial sea.
China
(2) SOURCE: /Variant C, Art. 2, Question 2.3.1., E2 port of
the Committcee etc. Vol. IV, page 5, General Assembly Official
Records: Twc:nt.veighthSession, Supplement No. 21 (A/9021).
(3) ANALYSIS: The language of Paragraph 1 of the formula
is so broad that it would permit any form of baseline under
any set of geographical circumstances. Although Paragraph 1
is presumably conditioned by Paragraph 2, so as to eliminate
certain types of "low coastlines", (for which straight
baselines are already in existence, e.g., Germany and Denmark),
the general language would permit Canada and Greece to include
their archipelagos with a system of straight baselines
under "special topographical features" of the coast.
(4) US OPINION: The language is infinitely worse than the
existing Convention. Formula B removes, for example, the
need for officially--recognized large-scale charts. As a
consequence, the mariner would be at a complete disadvantage
in knowing the precise locar.ior:.)f the baseline and hence the,
outer limit of the territorial sea. The language further
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permits any kind of baseline to be drawn so long as it is
in accordance with the topographical features of the coast.
While it is assumed the language refers to a form of straight
baseline system, one can imagine all types of baselines
including curved lines, serrated systems, etc. which can be
claimed to he in "accordance" with the topographical fea-
tures. The US should not support Formula B in its pre-
sent or even in a modified form.
(5) TECHHNICTL AND_ DRAFTING PROBLEMS : The loose language of
formula B is so open--ended that the US should not attempt
to "improve" the language. Rather, this alternative
formula shculd, be opposed.
INR/RGlE : RDIIodg son : colt
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