DENMARK: PROPOSAL: LAYING OF SUBMARINE CABLES AND SUBMARINE PIPELINES (PROVISION 97 IN DOCUMENT A/CONF.62/C.2/WP.1)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82S00697R000400040002-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 12, 2016
• Document Release Date: July 16, 2002
• Sequence Number: 2
• Publication Date: May 5, 1975
• Content Type: SUMMARY

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5 May 1975
SECOND COMMITTEE
I OR THE USE OF THE INFORILiL CO TSULTATIVE
GROUP ON THE ECONOMIC ZOITE
l nos
pip i
Denmark: ProaoyalaLa in of submarine cables and submarine
(Provision in document T%COI' 2 C.2 1,fT'.1j
(1) In the exclusive economic zone all States shall enjoy the freedom, of navigati on,
overflight and laying of subravwrine cables.
(2) In the exercise of freedoms referred to in paragraph 1 of this article, States
shall ensure that their sac tivitiec in the exclusive economic zone are carried out in
such a manner as not to interfere with the rights and interests of the coastal. State.
(3) The laying of submarine -oippelines in the exclusive economic zone is subject to the
consent of the coastal State.
State Dept. declassification & release instructions on file
C='C.75--65174
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C.2/Reference Paper No. 1
7 May 1975
ENGLISH
Jriginal: SPANISH
NOTE BY THE CHAIRMAN: TEXTS OF PROPOSALS WHICH PARTICULAR DELEGATIONS
CONSIDER SHOULD BE INCLUDED IN DOCUMENT A/CONF.62/C.2/WP.1
During the second. reading of the document entitled "Main Trends", the following
delegations stated that the proposals listed below should be included. in that
document:
AUSTRALIA: PROVISION 112, FORMULA B
A/CONF.62/C.2/L.57/Rev.l, introduction:
Highly migratory species, defined in the annex, 26 shall be regulated in
accordance with the provisions of article ,.. in the same manner as other species of
fish found. or taken in the economic zone, except that in recognition of the greater
likelihood. that more States will be required. in the case of highly migratory species
:o co-operate in the conservation, management and, control of such species as well as in
the rational utilization of such species, the following additional provisions shall
ap?7,y :
BHUTAN: HARD VIII. LAND-LOCI COUNTRIES (ITEM 9)
A/AC.138/93, articles XII and. XI-
Right of accc_ to and :"roan the sea through rivers
A land-locked State shall have the right of access to and from the sea through
navigable rivers which pass through its territory and the territory of transit States
or form a common boundary between those States and the land-looked. State.
Alternative routes
Land-locked. States shall have the right to use one or more of the alternative-
routes or means of -transport for purposes of access to and, from the sea.
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A/COi:P. 62/C.2/L.65, article 2:
Article 2
All the States concerned shall participate fully in the regional economic zone and
all be entitled. to enjoy the use and benefits. of all renewable and non-renewable
rusourccc therein, with equal rights and. obligations.
A/AC.138/SC.II/L.34, paragraph 1 (8):
(8) A coastal State may, for the purpose of regulation of its territorial sea,
enact necessary laws and regulations and. give publicity thereto. Ships and. aircraft
of. a foreign State, passing through the territorial sea and the airspace thereabove of
P.nother. State, shall comply with the laws and. regulations of the latter State.
Foreign non-military ships enjoy innocent passage through territorial seas.
Passage is innocent when it is not prejudicial to the peace, security and good
o_--der of a coastal State.
A coastal State may, in accordance with its laws and regulations, require military
o:liro of foreign States to tender prior notification to, or seek prior approval from,
its competent authorities before passing through its territorial sea.
LESOTHO: PROVISION 178
A/'C0a?.62/C.2/L.45/Rev.1, paragraph 1:
rent to documert A/AC.138/93
1. Article I, paragraph (d)
Subparagraph (i) should. read. as follows:
(i) Any civil aircraft, railway stock, seagoing and. river vessels and
road vehicles;
MOROCCO: 1. PROVISION 35
..^_/CONF.62/C.2/L.l6, article 22(2)
2. There shall be no suspension of the innocent passage of foreign ships through
straits.
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2. PART III. STRAITS USED FOR INTERNATIONAL NAVIGATION (ITEM 4)
A/CONF.62/C.2/L.16, article 23:
The coastal State may require the co-operation of interested States and.
appropriate international organizations for the establishment and. maintenance of
navigational facilities and. aids in a strait.
A/AC.138/93, article I(d)
(d) the term "means of transport" includes:
(i) any railway stock, seagoing and river vessels and. road. vehicles,
(ii) where the local situation so requires, porter and pack animals,
(iii) pipelines, gaslines, and. storage tanks when they are used. for
traffic in transit and. other means of transport subject to appropriate
arrangements as and. when necessary;
PERU: PART VIII. LAND-LOCKED COUNTRIES (ITEM 9)
and.
PART IX. RIGHTS AND INTERESTS OF SEELF-LOCKED
STATES AND STATES WITH NARROW SHELVES OR SHORT
COASTLINES (ITEM 10)
A/AC.138/SC.II/L.27, article 15, paragraphs 1 and 2:
Article 15
1. Land.-locked: States shall have the right of free access to the sea for the purpose
of such uses and. such preferential regime as they may agree upon with the neighbouring
coastal States within the seas adjacent to the latter, and, for enjoyment of the
freedoms of the international seas.
2. Such uses and such preferential regime in the seas adjacent to the neighbouring
coastal States as may be agreed upon shall be reserved to national enterprises of the
land-locked. State.
A/AC.138/SC.II/L.27, article 16:
Article 16
Coastal States which are not adjacent to land.-locked. States in the same region or
subregion shall accord. uses and. a preferential regime within their adjacent seas to
national enterprises of such land-locked. States, under regional, subregional or bilateral
agreements taking the interests of the respective States into account.
... (Complementary provisions on the regime for land.-locked. countries) ............
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A/CONF.62/C.2/L.6, article 3:
Article 3. Straits forming part of the territorial sea
1. The sovereignty of a coastal State extends to straits forming part of the
territorial sea, whether or not they are used. for international navigation.
2. The coastal State exercises this sovereignty in accordance with the
provisions of these articles and to other rules of international law.
A/AC.138/SC.II/L.18, article 5, paragraphs 3 and. 4:
3. Subject to the provisions of paragraph 4, the coastal State may, without
discrimination amongst foreign ships, suspend. temporarily and in specified. areas of
its territorial sea the innocent passage of foreign ships if such suspension is
essential for the protection of its security. Such suspension shall take effect
only after having been duly published.
4. Subject to the provisions of articles 8, 22, paragraph 3 and. 23, there shall
be no suspension of the innocent passage of foreign ships through straits used for
international navigation which form part of the territorial sea.
3. PROVISION 36
A/AC.138/SC.II/L.18, articles 14 to 18:
Article]
The coastal State may regulate the passage through its territorial sea of the
following:
(a) Nuclear-powered ships or ships carrying nuclear weapons;
(b) Ships carrying nuclear substances or any other material which may
endanger the coastal State or pollute seriously the marine environment;
(C)
Ships engaged. in research of the marine environment.
1. The coastal State may require prior notification to or authorization by its
competent authorities for the passage through its territorial sea of foreign
nuclear-powered ships or ships carrying nuclear weapons, in conformity with
regulations in force in such a State.
2. The provisions of paragraph 1 shall not prejudice any agreement to which the
coastal State may be a party.
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Article 16
The coastal State may require that the passage through its territorial sea of
foreign ships carrying. nuclear substances or any other material which may endanger the
coastal State or pollute seriously the marine environment be conditional upon any or
all of the following:
(a) Prior notification to its competent authorities;
(b) Coverage by an international insurance or guarantee certificate for damages
that might be caused. by such carriage;
(c) Use of designated sea lanes.
1. The coastal State may require prior notification to its competent authorities
for the passage through its territorial sea of foreign ships engaged in research of the
marine environment, in conformity with regulations in force in such a State.
2. During their passage through the territorial sea, foreign ships engaged. in
research of the marine environment will not be entitled to carry out any scientific
research or hydrographic survey without the explicit authorization of the coastal State.
Article 18
In order to expedite passage the coastal State shall ensure that the procedure of
notification referred to in different articles of this section shall not cause undue
delay.
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