LAW OF THE SEA COUNTRY STUDY CHILE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86T00608R000200200001-8
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 62
• Document Creation Date: November 11, 2016
• Document Release Date: February 16, 1999
• Sequence Number: 1
• Publication Date: January 1, 1975
• Content Type: STUDY

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aw~af- fhe' Sea~~ Country ~tu~ly , : ~ Chile _ ;Jan
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?
Law of the lea Country Study
.chile
GCR LOS 75-1
January 1975
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NATIONAL SECURITY INFORMATION
Unauthorized Disclosure Subject to Criminal Sanctions
Classified by 019641
Exempt from ponoral doclassificalion schedule
of E.O. 11652, exemption category:
? 58(1), (2), and (3)
AufomaticallY declassified on:
dnlo Imposs:blo fo dolarmino
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i~'ti l~nrr.~i~n /)i.ti~.~r~~n
?
The Law of the Sea Country Studies are prepared to support
the NSC Interagency Task Force on the Law of the Sea. The
countries to be included ir. the series are selected on the
basis of priorities suggested by the chairman of the Task
Force.
?
Each s tudy has two parts. Part I is an analysis of the
primary geographic, economic, and political factors that
might influence the country's law of the sea policy, the
public and private expressions of that policy, and a brief
biography of the key personalities involved. Part II provides
bz.sic data and information bearing on law of the sea matters.
This s tudy was prepared by the Office of Geographic
and Cartographic Research. Biographic support was provided by
the Central Reference Service. The study was coordinated
within the Directorate of Intelligence and with 'the Depart-
ment of State. Comments and questions may be directed to the
LOS Country Studies Working Group, Code 143, Extension 2257.
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iVu l~ur~~l~n 1)b5~aem
CONTENTS
Part I - Law of the Sea Analysis
Summary .. ............................
~
~
1
Policy ..........................
LOS
Factors Influencing
1
Law of the Sea Poli:.y ... ...... .............
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5
Advisers .........
Negotia tors and
Key Policy Makers, LOS
13
Biographic Sketches .....................................
17
Part II - BacKyround Information
Basic Data ........, .....................................
19
Conventions ......................................
~
20
Claims ....?..?......?.???????
Present Ocean
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21
Resolutions ... ......
UN
Action on Significant
?
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22
Interests ....
LOS
Membership in Organizations Related to
23
UN LOS draft articles submitted by Chile
Maps: Regional map
Theoretical Division of the World Seabed
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~'n ~~u~~~;i~n Ui,ti~.~cm
CHILE
Part I - Law of the Sea Analysis
A. SUMMARY
Chile's primary Law of the Sea (LOS) c oncern
is the juridical regime to be established for
the mining and marketing of deep seabed minerals
and the possible adverse effects o~~ world copper
prices. Substantially interested in fisheries
and heavily dependent on seaborne trade, Chile
seeks retention of its 1947 claim to juris dic-
tion over the sea out to 200 miles* but without
prejudice to freedom of navigation.
Chile, considered a moderate among the
"200-milers," endorses the patrimonial sea concept, which allows
fora 12-mile territorial sea and for an adjacent economic zone to
extend as much as 200 miles off the baselines used to measure the
territorial sea. Chile views this formula as a means to secure
clearly defined coastal state powers over resources, scientific
research, and pollution control Pnforcement, while maintaining
freedom of navigation and overflight beyond the territorial sea.
Chile supports the concept of "the common heri tage of manki r~c~, "
and favors giving an international regime jurisdiction over seabed
resources and a ctivities within the area beyond the limits of
national jurisdiction. The international regime should have the
power to explore and exploit, control production and market
resources, control ?research and pollution, di s "^i bute profits,
and promote the development of the area by planning and ensuring
the transfer of science and technology. The machinery for the
international regime would be an International Seabed Authority
comprised of an Assembly, Council, Enterprise, and Secretariat.
All members of the international community would be represented
in the Assembly and each would have one vote.
B. FACTORS INFLUENCING LOS POLICY
Special Geographic Features
A remarkably long and narrow shape broadly exposes Chile to
maritime influence; its coastline of 4,000 statute miles comprises
more than one-half of the Pacific coastline of South America, and
most of the country i s wi thi n 120 statute miles of tree sea.
* Distances and areas throughout this study are in nautical miles
unless specified otherwise.
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Along the Chilean coast, upwelling brings with it minerals
and nutrients, making possible the development of a rich zone of
plankton that, in turn, supports large schools of commercially
e xploitable fish. In the south tPie coastline is indented by
numerous fiords and bays and is closely fronted by a myriad of
islands (under Chilean civil code, these islands may be enclosed
by a series of straight baselines). Chile also owns several small
island:; far out in the Pacific, and claims a pie~?shaped sector
of the Antarctic Continent.
From a continental shelf that averages only 7 miles in breadth,
the ocean floor off Chile plunges precipitously to depths of
3,700 to 7,500 meters within 100 to 200 miles of the coastline. The
area from the coastline out to 200 miles encompasses 667,300 sq.
miles, about three times the nation's land area and more than BO
times the area of its continental shelf.
The Pacific Ocean is of primary importance to Chile as a link
to world markets. It provides the only practical means of exporting
the nation's lucrative mineral products. The opening of the Panama
Canal eliminated some of the advantages that Chilean ports held
when interocean traffic was forced to go around South America, via
the Strait of Magellan, Beagle Channel,* or Drake Passage. Of
greater significance, however, is that the canal has given Chile
a much easier access to the east coast of the United States, one
of Chile's major trading partners.
A massive chain of mountains extends the entire length of the
country. Bolivia, Chile's landlocked neighbor, depends on the few
passes through the northern part of the chain for access to the
Pacific Ocean.
lines of the Sea
Mineral Resources -- Chile is dependent upon export earnings
from mineral products. Typically, these products account for about
85% of the pat?on's export receipts, with copper alone accounting
for about 80%. In addition to being the third largest producer and
leading exporter of copper i-; the world, Chile is the only major
producer of natural nitrates, the world's fourth largest producer
of molybdenum, and Latin America's fourth ]argent iron ore producer.
It also produces small amounts of manganese, lead, zinc, sulfur,
borates, gypsum, gold, and silver.
* Sovereignty cf the Beagle Channel, the waterway south of the
Strait of Magellan that links the Atlantic to the Pacific, is in
dispute. Chile claims the whole channel up to the Argentine bank,
while Argentina claims sovereignty to midchannel. Sovereignty of
three small islands at the eastern end of the channel is also in
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The country's only oilfields are located in a narrow strip on
either side of the Strait of Magellan and produce only about 25%
of its oil requirements. However, the Chilean National Petroleum
Enterprise plans to exploit offshore oil deposits in the Strait of
Magellan and to build a liquefied natural gas plant in Mage1lanes
Province.
Livini Resources -- Chile ranks second in Latin America (after
Peru in tonnage of fish caught. The commercial catch totaled 1.5
million metric tons in 1971, but dropped to .82 million metric tons
in 1972. The great bulk of the catch is anchovies, used comme rcia1ly
for fishmeal and fish oil. Anchovies, sardines, bonito and tuna
abound in the north where large fleets of big, steel-hulled boats
operate. In the southern and central zones the principal species
are hake, corvina, eel, flounder, swordfish, snook, smelt, and rock
cod. Shrimp and shellfish are found along the entire coastline with
large concentrations in the central area. Lobsters are found off the
Juan Fernandez Islands. Chile's fishing industry is an important
earner of foreign exchange. Although the earnings from fishery exports
represent orii,y some 3% of Chile's total export earnings, the fishing
industry is the second most importan~ source of foreign exchange
receipts and in certain regions plays a dominant r.o1e in the econorrly.
Fish in the Chilean diet is important locally and has increased
nationa lly since the establishment of distribution points equipped
with cold storage facilities and the imposition of government restric-
tions on the sale of beef.
Marine and Air Transportation -- Coastal shipping dominates
the Chilean domestic transportation scene; 45% of the domestic
trade tonnage is moved by ship, and cabotage 's reserved by law
to Chilean vessels. Although Chile also depends heavily on sea-
borne transportation for its international trade -- over 95% of
the tonnage is moved by ship -- Chilean ships carry less than 20%
of the exports and less than 50% of the imports. Chile's ports are
not large by world standards; however, they are significant in
coastal and foreign trade.
Chile's peculiar geography has contributed to the dynamic
growth of the civil-aviation sector of the country's transportation
system. It provides the only means of cor,~mercial transport to
Easter Island in the Pacific and in the archipelagic southern
re~i on, i n adcli ti on to providing a rapid means of transport to
many communities along Chile's long coastline. Chile has air
transport agreements and arrangements with 31 foreign countries.
The Navy and Air Force -- The Chilean Navy's mission is to
protect the country's extensive coastline, help maintain internal
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security, and to protect shipping. The navy is also committed to
the joint defense of the coastlines of the Western Hemisphere. It
is capable of offering resistance against the naval forces of
Argentina and Peru, but would be ineffective against a modern
navy of comparable size or a modern submarine force. In addition
to oceanographic research and coastal patrol services, the navy
engages in public works construction.
The air force has no strategic air capability. It can provide
fairly effective tactical air support to the array and national
police in the maintenance of national security against internal
disturbances and in the performance of search and rescue operations.
Political and Other Factors
Traditionally friendly relations between Chile and the United
States began to deteriorate in the late 1960s when Chile sought
enhanced prestige and economic benefits through the adoption of
a foreign policy that featured "independence" from U.S. influence.
The Marxist Allende administration (1970-73) accelerated anti-U.S.
sentiment and placed further emphasis on nationalism. Expropriation
of U.S.-owned companies followed by U.S. economic sanctions further
exacerbated the situation. Since the present military government
has been in power (September 1973) Chile has alleviated the situa-
tion a great deal (e.g., compensation has been arranged for the
expropriation of the three major U.S. copper companies).
The draconian measures taken during the early days of military
rule tended to alienate many otherwise sympathetic countries.
Since the 1973 coup, Chile's national security concerns also have
increased. The military leaders feel Chile is ~ target for retalia-
tion from the leftist world -- especially from the U.S.S.R., Cuba,
and Chilean exiles in neighboring countries. In November 1974, Chile
voted against a proposal in the OAS to lift sanctions against Cuba.
Chile also believes Peru harbors revanchist desires caused by the
loss of territory in the War of the Pacific (1879-83), and is con-
cerned over Peru's large purchases of offensive arms.
Chile strongly objected to regional acceptance of the proposal
to allow representatives of the national liberation movements to
attend the 1974 Caracas session of the LOS Conference as observers.
In apparent attempts to gain rapport w9th other Latin American
countries at Caracas, Chile pushed for coastal state control beyond
200 miles to the edge of the continental margin (favored by
Argentina) and expressed concern for the landlocked countries
(courting Bolivia's favor). Chile's conciliatory attitude toward
the United States was expressed by its chief LOS expert Fernando
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Zegers during consultations prior to the Caracas session when he
indicated Chile could be more flexible on anadromous species
. jurisdiction beyond 200 miles since "it was important to the
United States."
C. LAW OF THE SEA POLICY
Te rri tori a 1 Sea
Chile endorses the patrimonial sea concept, which allows for
a 12-mile territorial sea and for an adjacent economic zone to
extend as much as 200 miles off the baselines used to measure the
territorial sea. Although the Chile Presidential Declaration of
June 1947 was labeled by many a "territorial sea" claim, it
pertained only to shelf sovereignty over resources and guaranteed
freedom of navigation. Chile extended its to rritorial sea to 50
miles in 1948, but revoked the extension in 1951, thereby reverting
to a 3-mile territorial sea as established by article 593 of its
Civil Code. Upon signing the Declaration of Santiago in 1952,
along with Ecuador and Peru, Chile asserted rights to a 200-mile
"maritime zone" for the purpose of conserving and protecting the
natural resources. The claims by Ecuador and Peru, however, were
gradually reinterpreted to infer territorial sea jurisdiction and,
due to Chile's close association with those two countries, resulted
in a misconception about the Chilean claim.
Chilean officials have made it clear that support for a 12-mile
territorial sea is contingent upon its integration with a 200-mile
economic zone. At the LOS preparatory meetings in 1973 Foreign
Ministry Legal Adviser Mario Valenzuela emphasized that support
fora 12-mile terri torial sea would be acceptable to Chile only
"if accompanied by a satisfactory arrangement on resource jurisdic -
tion to 200 miles." Legal Adviser to the Permanent Mission to the
UN, Raul Bazan Davila, supported draft articles (A/AC.138/SC.II/
L.21) submitted to Subcommittee II in 19;3 by Colombia, Mexico,
and Venezuela that presented a 12-mile territorial sea integrated
with an adjacent maritime zone not to exceed 200 miles measured
from the coast. During the general debate at the 1974 Caracas
session Chilean representative Fernando Zegers stressed that. the
adoption of a 12-mile territorial sea must be done together with an
economic zone. The 9-power Draft Articles contained in a working
paper cosponsored by Chile on 26 July 1974 (see Annex) at the
Caracas session proclaims, "the breadth of the territorial sea
shall not exceed 12 miles" and specifies rights of the coastal
state in "an area beyond and ?djacent to its territorial sea,
known as the exclusive economic zone."
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Chilean of~icia1s appear unprepared to take an alternative
~cerritorial sea stance in anticipation of the eventual success of
+he patrimonial sea "package deal" (Zegers stated after the
Caracas session that the Chilean position has the support of the
majority of the "150 countries at;;ending," but does not yet have
the two-thirds majority vote necessary for adoption).
Straits
Chile believes there should be right of free passage in straits
connecting two parts of the high seas and commonly used for inter-
nati oval navigation. The Strai t of Magel l an i s the only such strai t
in Chilean waters. A problem exists, however, with the numerous
channels that lead from it, and Chile wants t;o make sure these are
not included as international straits. The Beagle Channel, south
of the Strait of Magellan, is the site of a longstanding boundary
dispute with Argentina, but it is of relatively little importance
to international navigation. In May 1974 consultations with Chile
U.S. officials reported "an explicitly more favorable Chilean
attitude on straits, conditional on an adequa to definition of which
straits would have free passage." At the 1974 Caracas session
Patricio Prieto, the Chilean Navy representative and delegate to
the LOS Conference, said that straits used for international
navigation between two parts of the high seas fall into the free
passage category. It is possible that Prieto was indicating Chile's
position on a straits regime for those straits that connect the
high seas with a semienclosed sea when he advocated freedom of
navigation in straits "traditionally used for international traffic
by ships of all countries." The definition ~f what straits fall
into the category of international straits is more important to
Chile than the character of the regime applicable therein.
Continental Shelf
Chile advocates a distance criterion of 20 0 miles for coastal
state shelf jurisdiction, mainly because its continental shelf is
extremely narrow. To gain the support of nations with continental
shelves wider than 200 miles, however, Chile also advocates coastal
stale shelf resource jurisdiction to the outer edge of the geographic
shelf where the edge lies beyond 200 miles. It cosponsored draft
articles to this effect on 26 July 1974 at the Caracas session (see
Annex). Chile is not a party to the Geneva Convention on the
Continental Shelf and opposes restricting the limits of national
jurisdiction in the way stipulated by the Geneva Convention. The
open-ended exploitability principle does not make the Geneva Con-
vention acceptable to Chile because the exploitation of seabed
resources off its coast would involve operating, even relatively
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close offshore, at depths substantially in excess of 200 meters.
Santiago's rejection of President Nixon's oceans proposal of 1970
to limit national jurisdiction over the continental shelf to a depth
of 200 meters was accompanied by sharp criticism of the proposal's
exclusion of a distance criterion as an alternative to a depth
criterion; Chilean officials subsequently have alluded to the
virtues of the "patrimonial sea."
Coastal State Jurisdiction Beyond the Territorial Sea
By the Presidential Declaration of June 1947, Chile extended
its maritime jurisdiction to 200 miles -- the first country to
make a 200-mile sea claim. The Presidential Declaration proclaimed
national sovereiynty over the shelves -- "whatever may be their
depth" -- adjacent to the mainland and overseas islands, including
natural resources existing in and under them, known or to be dis-
covered. Concomitantly, it proclaimed sovereignty over the seas
adjacent to its coasts to whatever extent the Chilean Government
deemed necessary to protect, preserve, and exploit the natural
resources on, in, or under these seas; it stipulated that the
seaward boundary for protection o~' deep sea fishing and whaling
would be made "at any moment which the government may consider
convenient;" and it declared an immediate boundary of 200 miles
from the coasts of all Chilean territory. The Declaration
guaranteed freedom of navigation in the 200-mile zone seaward
of the territorial sea.
Chile's position on the limits of national jurisdiction over
the seabed was reaffirmed in the Declaration of Santiago in 1952.
Along with Ecuador and Peru, it asserted rights to a 200-mile
"maritime zone" fcr the purpose of conserving and protecting
the natural resources of the zone and regulating the use of the
resources. The three countries also agreed to consult on and to
cooperate in the joint defense of t~~eir sea claims.
In the Declarations of Montevideo (May 1970) and Lima (August
19 70) Chile and many other Latin American countries reiterated their
philosophy that "there is a geographic, economic, and social
relationship between the sea, the land, and man who lives on the
lane, which gives coastal populations a lawful priority with
respect to the utilization of the natural resources in the sea
adjacent to their coasts."
The term "patrimonial sea" was proposed by the Chilean jurist
Edmundo Vargas Carreno in a 1971 report to the Inter-,4merican
Juridical Committee of the Organization of American States in an
effort to find a unified Latin American position on the law of the
sea. He explained that the "patrimonial sea includes both the
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territorial sea as well as a zone beyond it, the extension of which
is determined unilaterally -- but not arbitrarily -- by the coastal
state. The jurisdiction of the coastal state to regulate the
exploration, conservation, and e,;ploitation of the marine resources
contained within the patrimonial sea is extended over the adjacent
waters, the seabed and subsoil thereof."*
In 1972 the Chilean representative to the Seabed Committee,
Fernando Zegers, said that the 200-mile figure "had become an
issue in itself" and that "Mexico, Colombia, and Venezuela might b e
able to provide abridge between the United States and the extreme
Latin position on the basis of a patrimonial sea compromise." In
1973 he said the equation could be expressed in terms of a territorial
sea/economic zone, a patrimonial sea, or in terms of a national sea
with differentiated zones and regimes; what mattered was the
recognized rights of the coastal states, their recognized authority
up to a distance of 200 miles, and the ri ghts of other states to
certain uses of the sea, especially freedom of navigation and
overflight beyond a narrow strip over which coastal states had
full sovereignty.
In April 1973 Subcommittee II sessions the Chilean representative
gave support to draft articles submitted by Colombia, Mexico, and
Venezuela (A/AC.138/SC.II/L.21). He noted similarity in these
articles to the Declaration of Santo Domingo, the Chilean official
declaration of 23 June 1947, and the Kenya draft articles
(A/AC.138/SC.II/L.10, 7 August 1972).
Asa Vice President of the 1974 Caracas session of the LGS
Conference, Mr. Zegers said that the patrimonial sea represented
a balance between recognizing the sovereign rights of a coastal
state over a zone as much as 200 miles wide for t~~e exploitation
of resources and protecting the needs of the international community.
The formula would give a coastal state clearly defined powers with
respect to resources and the control of scientific research,
pollution, and the emplacement of artificial islands and other
installations. R11 states would enjoy freedom of navigation and
overflight beyond the 12-mile limit of the territorial sea.
The working paper cosponsored by Chile on 26 July 1974 at the
Caracas session (see Annex) calls for a 12-mile territ~~rial sea,
with emphasis placed on coastal state sovereign rights over resources
* The most ~,~_idely recognized interpretation of the patrimonial
sea is set forth in the Declaration of Santo Domingo.
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in a 200-mile "exclusive economic zone" and ?'throughout the natural
prolonga tion of its land territory where such natural prolongation
extends beyond 200 miles," Freedom of navigation and overflight
would bP enjoyed "subject to the exercise by the coastal state
of its ri ghts" in the zone beyond the territorial sea limit.
In Committee II of the Caracas session Chile cosponsored on
16 August 1974 (see Annex) a draft article upholding the right of
hot pursuit in dealing with violations in the economic zone of
coastal state laws and regulations.
O
Fisheries
A principal argument Chile advances in support of its position
on a 200-mile limit is that small developing countries must defend
their natural resources, both renewable and nonrenewable, against
exploitation by the economically and technically developed
countries. Chile's extension of its jurisdiction did not create
problems with the United States compared to those of Peru and
Ecuador because: 1) tuna are not as plentiful in Chilean waters;
and 2) Chile's remote location makes fishing off its coast less
profitable for foreign fleets. In defense of its Santiago Declara-
tion partners, however, Chile has been very critical of the U.S.
congressional measures that require the reduction or cancellation
of U.S. aid to countries that seize U.S.-flag fishing vessels. In
June 1974 Chile issued Decree 500, which requires foreign fishing
vessels to be licensed and limits their operations within Chile's
200-mile zone to the remote southe,?n half of the country, south
of the 37?S. latitude.
Deep Seabed
Chile's overriding concern for the deep seabed lies in its
fears that production of minerals derived therefrom may adversely
affect the economies of countries that depend primarily on the
production of land-based minerals. (Chile, is heavily dependent
on its copper exports for foreign exchange.) Chile supports the
concept of "the common heritage of mankind" as set forth in the
1971 UN Declaration of Principles and favors giving an international
regime jurisdiction over seabed resources acid activities within
the area beyond the limits of national juri~.;diction. Chile believes
the international regime should have the power to explore and
exploit, control production and market resources, control research
and pollution, distribute profi~s, and promote the development
of the area by planning and ensuring the transfer of scien~Q
and technology.
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The Latin American working paper cosponsored by Chile and
submitted to the Seabed Committee in August 1971 (see Annex)
proposes the establishment of an international authority, with
broad powers to control the exploration and ~xp1oitaticn of the
deep seabed mineral resources and to equitably distribute the
benefits derived from deep seabed mining amonc all states. Jeep
seabed mining activities should be carried out in such a manner
as to protect and conserve the natural resources of the area, the
international area should be used for exclusively peaceful put?poses,
and rights and interests of coastal states should be respected.
The machinery for the regime would be a universal i'Internatior~~al
Seabed Authority" comprised of an Assembly, Coianci1, Enterprise,
and Secretariat. In the Assembly, the supreme organ of the
Authority, all members of the international community would be
represented and would have one vote. The Council would have fewer
members elected by the Assembly in accordance with the principle
of equitable geographical representation and would carry out
Assembly decisions. The Enterprise would undertake all activities
relating to the exploration and exploitation of resources in the
international aria of the deep seabed. The Secretariat would be
the administrative arm of the Authority. Chile advocates banning
all commercial exploitation of deep seabed minerals until the
international regime is established, and in 1972 it submitted a
draft decision, along with 12 other Seabed Committee members, to
this effect (see Annex).
At the 1974 Caracas session of the LOS Conference the Chilean
delegate continued to promote the Latin American working paper of
4 August 1971 (see Annex), commenting that "such a system would
enable the states concerned ?o participate in the various
activities and would at the same time ensure effective control
over the whole economic process." Reiterating concern for adverse
economic effects that deep seabed mining could have on countries
whose e~.onomies depend upon revenues from land-based rinerals,
Chile requested further studies and on 26 August 1974 presented
a working paper on the economic implications for the developing
countries of the exploitation of the seabed beyond the limits
of national jurisdiction (see Annex).
Landlocked States
Chile believes that all developing countries, including the
landlocked, would benefit from the deep seabed regime if suitable
legal formulation were given to the patrimonial sea and common
heritage concepts. The August 1971 working paper (see Annex)
cosponsored by Chile in the UN Seabed Committee advocates special
consideration for developing countries, including landlocked states,
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in the distribution of benefits firom the exploitation of seabed
mineral resources of the international area.
At the 1974 Caracas session of the LOS Conference, the Chi lean
spokE~sman said that rules adopted fior solving the problems ofi the
landlocked states should include free access to and from the sea
and recognition of a preferential fiishing regime for landlocked
countries in the patrimonial seas of neighboring countries. He
stated that Chile had already contributed something to the
principle of free access through a system of bilateral agreements
under which it had granted Bolivia transit facilities and access
to the sea from all Chilean ports.
Marine Pollution
Chile is willing to accept international pollution control
standards provided the coastal state is permitted to control
enforcement in the area o. national ,iurisdiction adjacent to its
territorial sea. A Chilean spokesman at the 1974 Caracas session,
Navy Captain Sergio Barra, explained that coastal state enfo~?cement
of pollution controls was an integral part of the concept of the
economic zone and was one of the principles set forth in the 1947
national legislation, the Santiago Declaration of 1952, and the
August 1970 Latin American Declaration on the Law of the Sea.
According to Chile, any pollution s tandards adopted internationally
should give consideration to the capabilities of the developing
countries and should be lowerod for those countries so as not to
hinder their development.
Chile emphas ~ zed at Caracas that beyond the 200-mile outer
limit of the patrimonial sea, international agreements should
ensure strong pollution controls exercised by "a duly representative
Body." Citing a recent oil spill in the Strait of Magellan, Chilean
de~!egates to Committee III of the Caracas session expressed the
need to encourage international cooperation in prevention of and
compensation for oil pollution mishaps. They suggested ratifica-
tion of relevant Inter-Governmental Maritime Consultative
Organization (IMCO) Conventions a~~d a need to establish inter-
national machinery to come to the assistance of states that suffer
damage from such accidents. Chile's deieyate added 'tha't "given the
increased risks of pollution from oil spills from tankers, it was
reasonable to expect the giant oil companies to finance regional
stations under the supe rvision of IMCO whose purpose would be to
reduce the risk that such spills might catch fire and to combat
their contaminating effects on the marine environment."
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Chile cosponsored along with 12 other Pacific nations a draft
resolution in Seabed Subcommittee III in July 1972 (see Annex)
calling for the discontinuance of all nuclear weapons testing,
particularly that which may contribute to contamination of the
marine envi ronment. Chile has cited recordings of significant
nuclear radiation fallout in protest against French nuclear
experiments in the Pacific. Asa member of IMCO since February
1972, Chile believes that after the legal and political principles
regarding marine pollution control are co-nplete, IMCO should
draft the detailed regulations and work out the practical applica-
tions.
Scientific Research
Chile is a s trong supporter of the consent regime for
scientific research, both in the areas of national jurisdiction
and the international area. It views research in the international
area as a tenet of the common heritage of mankind and believes
its result should be wid~aly disseminated. The August 1971 Latin
American working paper cosponsored by Chile in the UN Seabed
Committee (see Annex) proposes that an international Authority
"establish oceanographic institutions on a regional basis for
the training of nationals of developing countries in all aspects
of marine science and technology." Chile's representative to
Subcommittee III in 1973 said that freedorn of scientific research
in areas beyond the limits of national jurisdiction should be
subject to certain requirements, e.g., advance notification,
prompt dissemination of results, and training of experts from
the developing countries.
Coastal state control over scientific research in areas of
national jurisdiction is of major importance to Chile. Citing
concern over the ~:ifficulty of distinguishing between scientific
research, economic exploration, and military intelligence, Chilean
officials point out that it is essential that the LOS treaty
obligate the researcher to receive coastal state consent prior
to conducting research, while permitti~ig the coastal state to
participate in and receive the results of any scientific research
carried out within its maritime zone.
Settlement of Disputes
Chilean officials claim that compulsory dispute settlement is
incompatible with the idea of an exclusive economic zone. Concilia-
tion procedures such as those provided in the Vienna Convention on
Law of Treaties would be more acceptible to Chile.
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D. KEY POLICY MAKERS, LOS NEGOTIATORS AND ADVISERS
Since September 1973 Chile has been governed by a military junta
consisting of four members -- one from each of the military services --
and Beaded by Gen. Augusto Pinochet Ugarte, Junta President. Heads
of important government posts are appointed by the junta and they,
in turn, report directly to the junta. In the 11 September 1974
State of the Nation address President Pinochet cited, along with
' other achievements of his administration, Chile's active role in
t;he Caracas session of the LOS Conference "regarding acceptance
of the concept of economic zone or patrimonial seas" and "the
attainment of one of the vice presidencies."
Chile's LAS position has remained constant despite domestic
political changes. Fernando Zegers, Chile's foremost LOS expetit
who headed his nation's delegations to all of the UN LOS sessions,
remains the key spokesman. Edmundo Vargas Carreno, a university
professor, has been very influential in Chilean LOS matters and
was chiefly responsible in the formulation of Chile's "patrimonial
sea" concept. As an adviser in 1972 he recommended the free
passage position adopted by the Chilean Navy. He participated
in consultations with the U.S. LOS Team in May 1974. Although he
was not a member of the official Chilean delegation at the 1974
? Caracas session of the Third LOS Conference, he did attend that
session as a member of the Inter-American Juridical Committee.
A complete listing of Chilean officials who attended the 1973
organizational session of t~~e Third UN LOS Conference, the 1974
Caracas session of the Conference, and/or the UN Seabed Committee
preparatory sessions follows:
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Name and Title
Sr. Sergio BARRA
Captain, Navy
S.E. Sr. Raul BAZAN
Ambassador Extraordinary and
Plenipontentiary
Permanent Representative to
the United Nations
(Now assigned to Foreign Ministry)
S r. Augus to BRUNA
Sra. Eliana BUCCHI
Member, Permanent Mission to
the United Nations
(Has since left govt. service)
Sr. Adolfo CARAFI
Third Secretary
Sr. Patricio CARRASCO
Second Secretary, Permanent
Mission to the United Nations
(Has since become First Secretary)
S . E . Dr. Humbert o DIAZ-CASANUEVA
Ambassador Extraordinary and
Plenipontentiary
Permanent Representative to
the United Nations
(Has since gone into exile)
S r. Ladis lao D'HAINAUT
Captain, Navy
Sr. Octavio ERRAZURIZ
First Secretary
Third
Seabed Committee Session LOS Conf .
Mar
71
Jul
Aug
71
Feb
Mar
72
Jul
Aug
72
Mar
Apr
73
Jul
Aug
73
Jun-
Dec Aug
73 74
X
X
X
X
X
X
X
X
X
X
X
X
X
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Name and Title
Sra. Ana Maria FERNANDEZ
Ministry of Foreign Relations
Sr. Alfonso FILTPPI
Commander, Navy
Sr. Rodrigo FUENZALIDA
Captain, Navy
S.E. Sr. Enrique GAJARDO
Ambassador
(Diplomatic :anlc only; currently
assigned to Foreign Ministry)
Sr. Fernando GAMBOA Serazzi
Minister-Counselor
Sr. James HOLLER
Minis ter-Counselor
Deputy Permanent Representative
to the United Nations
Sr. Javier ILLANES
Minister-Counselor
Ing. Ernesto KAUSEL
Expert in the exploitation and
processing of minerals, Copper
Corporation of Chile
(Has since left the copper
corporation)
Sr. Fernando MONTANER
Second Secretary, Permanent
Mission to the UN
(Naw assigned to Australia)
Sr. Pedro OYARCE
Third Secretary
Seabed Committee Session
Third
LOS Conf.
Mar
71
Jul
Aug
71
Feb
Mar
72
Jul
Aug
72
Mar
Apr
73
Jul
Aug
73
Jun-
Dec Aug
73 74
X
X
X
X
X
X
X
X
X
X
X
X
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Seabed Committee Session
rd
Conf.
J un-
Aug
Sr. Fernando PAREDES
Colonel, Army
*S r. Patricio PRIETO
Legal Adviser to the Navy
G=_neral Staff
Sr. Hector REPETTO
Third Secretary
Ministry of Foreign Relations
(Has since left govt. service)
Sr. Victor RIOSECO
Minister-Counselor
Permanent Mission to the UN
(Currently assigned to
S candanavia)
~;.E. Sr. Hernan SANTA CRUZ
Ambassador Extraordinary and
Plenipotentiary
Permanent Representative to the
UN (and specialized agencies )
in Geneva
(Now in exile )
Sr. Mario VALENZUELA
Legal Adviser of the Minis try of
Foreign Relations
(Has since left govt. service)
*S . E . Sr. Fernando ZEGERS
Ambassador
Ministry of Foreign Relations
(Given this rank while Dep . Perm.
Rep. to UN. Official rank is
Minister-Counselor)
* See fol.Iowing pages for biographic sketch.
16
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Mar
71
Jul
Aug
71
Feb
Mar
72
Ji.il
Aug
72
Mar
Apr
73
Jul
Aug
73
Dec
73
74
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
LOS
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25X6
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cxzLE
Part II -- Background Infarmatio n
Geography
World region: Latin America
Category: coastal
Bordering states: Peru, Bolivia, Argent~.na
Bordering bodies of water: Pacific Ocean
Straits: Strait of Magellan (1+ mi.), Beagle Channel
Area of continental shelf; 8,000 sq. mi.
Area to 200 mi. limit: 667,300 sq. mi.
Area to edge of continental margin: 167,900 sq. mi.
Coastline: 4,000 statute mi.
Land: 286,000 sq. statute mi.
Population: 9,804,000
Industry and Trade
GDP: $7.78 billion (1973, at 1972 prices); $790 per capita
Mayor industries: copper, nitrates, foodstuffs, fish processing,
textiles and apparel, iron and steel, pulp and paper
Exports: $1.2 billion (f.o.b., 1973 est.); copper, iron ore, nitrates,
iodine
Imports: $1.6 billion (c.i.f., 1973 est.); foodstuffs, machinery
and equipment, chemicals
Mayor trade partners: exports -- 44i EC, 14G Japan, 8o U.S., llo
LAFTA; imports ?-- 28o EC, 16o U.S., 18o LAFTA, 3o Japan (l9 72)
Merchant marine: 43 .,hips (1,000 GRT or over) totaling 374,200
GRT; includes 1 passenger, 27 cargo, 3 tanker, 1 liquefied gas,
6 bulk, 1 combination ore/oil; includes 2 nava 1 tankers and 2
troop transports sometimes used commercially
Marine Fisheries
Catch: 1.49 million metric tons (19 71); exports -- $20.3 million,
imports -- $2.1 million (1972)
Economic importance: significant
Ranking: 10th worldwide, 2d regional
Nature: coastal, deep water
Species: anchovy, tuna
Marine fisheries techniques: modern and artisanal
Other countries fishing off coast: U.S., Japan
19
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Petroleum Resources
Petroleum: production -- 17.5 million 42 gal. bbl. (1.6 million
metric tons) onshore; proved recoverab le reserves -- 100.6 mi111on
42 gal. bbl. (12.9 million metric tons) onshore (1972)
Natural gas: 284.9 billion cubic feet (8.l billion cubic meters)
onshore; proved recoverable reserves -- 1,775 billion cubic feet
(50 billion cubic meters) onshore (1972)
Navy
Ships: 3 light cruisers, 7 destroyers, 2 submarines, 6 patrol ships
and craft, 13 amphibious warfare ships, 16 auxiliaries, 9 service
craft
Government Leaders
Head of State: Junta President, General Augusto PINOCHET Ugarte
Minister of Foreign Relations: Vice Admiral Pat ricio CARVAJAL P rado
Multilateral Conventions
Chile-Ecuador-Peru. Agreements signed at the First Conference on
the Exploitation and Conservation of the Maritime Resources of
the South Pacific, Santiago, August 18, 1952: (i) Declaration
on the Maritime Zone; (ii) Organization of the Standing Committee
of the Conference on the Use and Conservation of the Marine
Resources of the South Pacific; (iii) Joint Declaration of
Fishery Problems in the South Pacific; (iv) Regulations governing
Whaling in the Waters of the South Pacific.
Nuclear Test Ban Treaty, 1965
International Convention on Safety of Life at Sea, 1966.
Declaration of Montevideo on the Law of the Sea, May 1970.
Declaration of Lima on the Law of the Sea, August 1970.
IMCO Convention, 19 72 .
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Type
Date
Terms
Source, Notes
Territorial
3 mi.
Art. 593, Civil Code
Sea
1948
50 km.
Law 8944 of Jan. 21, 1948
Suspended ";~ti^lentarily";
Revoked by Law 9896, Feb.
22, 1951
1953
200 mi.
Supreme Resolution No. 179 of
maritime
Apr. 11, 1953
zone
Approved 200 mi. Declaration of
Continental
1947
200 mi.
Mari tune Zones of Santiago
Presidential Declaration of
Shelf
"Protection
June 23, 1947. E1 Merc+irio
and Control
zone"
Santiago June 29, 19!:7
Exclusive
Fishing
Sovereignty over continental
shelf. Freedom of navigation
not affected. Including
sovereignty over superjacent
waters wi thin Iimi is necessary
in order co reserve, protect,
preserve and exploit the
natural resources, especially
fisheries.
Presidential Declaration of
June 23, 1947
Customs
Security
Neutrality
1948 100 km.
1948 100 km.
1914 3 mi .
Law 8,944 of Jan. 21, 1948
Law 8,944 of Jan 21, 1948
Declaration of Nov. 15, 1914
* Principal source: Limits of the Seas, National Claims to Maritime
Jurisdictions, 2d Revision, State Dept./lNR, April 1974
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Action on Significant UN Resolutions
Moratorium Resolution In favor
(A/RES/2574 0, XXIV~ 12/15/69)
Pending establishment of international regime,
States and persons are bound to refrain from
exploiting resources of or laying claim to any
part of the seabed and ocean floor beyond the
limits of national jurisdiction.
LOS Conference In favor
(A/RES/2750 C, XXV, 12/17/70)
Convene in 1973 a Conference on Law of the Sea
to deal with establishment of i,~ternational
regime for the seabed and ocean floor, and
enlarge Seabed Committee by 44 membera and
instruct it to prepare for the conference draft
treaty articles embodying international regime,
LOS Conference, T~.+mi ng and Site Adopted w/o vote
(A/RES/3029 A, XXVII, 12/18/72)
Indian Ocean as a Zone of Peace In favor
(A/RES/2992, XXVII, 'i2/15/72)
Called upon ZittorGl and hinterland states of
Indian Ocean area, permanent members of the
Security Counci 1 and other major mari time users
of Indian Ocean to support concept that Indian
Ocean should be zone of peace.
Landlocked/Shelf-Locked Study Resolution Against
(A/RES/3029 B, XXVII, 12/18/72)
Called for study of extent and economic signifi-
cance in terms of resources, of international
area resulting from each proposal of limits of
national jurisdiction presented to Seabed Committee,
Peruvian Coastal State Study Resolution In favor
(A/RES/3029 C, XXVII, 12/18/72)
Called for study of potential economic signifi-
cance for riparian states, in terms of resources,
of each of the proposals on limits of national
jurisdiction presented to Seabed Committee.
Permanent Sovereignty over Natural Resources In favor
(A/RES/3016 XXVI?:, 12/l8/72)
Reaffi rmed ri gh t of states to permanent sovereignty
over all their natural resources, wherever found.
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Members hip in Organiza tions Related to LOS Inte rests
ECOSOC ..................... Economic and Social Council (U.N.)
IADB ....................... Inter-American Defense Board
IAEA ....................... International Atomic Energy Agency
IBRD ....................... International Bank for Reconstruction
and Development (World Bank)
ICAO ....................... International Civil Aviation Organization
IDB ........................ Inter-American Development Bank
IHB ........................ Internatianal hlydrographic Bureau
IMF ,,, ,,,,,,,,,,,, International Monetary Fund
LAFTA and Andean Sub-Regional
Group (created in May 1969
within LAFTA) ...,........ Latin American Free Trade Association
OAS ............. Organization of American States
Seabed~Committee ........... Unite.' Nations Committee on the Peaceful
I,ISes of the Sea-Bed and Ocean Floor
t~~syond the ! imi is of National Juri s-
cliction
UN ......................... United Nations
23
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UNITED NATIONS
~'~NERAL
ASSEMaLY
Diotr.
GENI:RnL
n/nG.1~8/49
!~ August 1971
ORIGINAL: ENGLISH AND SPANISEi
'CCNLtit[T ~ ~ ON THE P'~1CER1L USES OF' THE
S^A-BED AND THE OCEAN FLOOR BL'XOP1D THE
LI2~QTS OF NATIONAL JURISDICTIONI
Dual distribution
WORKING PAPER ON THE REGIME F'OR THE SEA BED AND OCEAN
FLOOR AND ITS SUBSOIL BL'YONB Z'HE LIMITS OF N~`TIONAI, JURISDICTION
Submitted by chile, Colombia, Eouador, El. Salvador, ? Guatemala, Guy+~.na,
Jamaira, trEoxico, Panama, Peru, Trinidad and Tobago, Uruguay, Venezuela.
?
?
...............
...............
C H x P T E R I
Furdamontal principles
:art. 7.- The Sen Bad and Ocean cloo: and the subsoil thoreuf beyond tho limit.; of
rational jurisdiction (haroinaftar roferred to as "thy.: aroa") as wo11 as its
r~_oareea are the cor~~non horitnE3 of .~.arsin1.
~.r;,, 2.- The area and its resources sh?^.ll not be subject ;o ~paropriatio:~ by c;~r
:rezr.:- ~r!^atsoe~rer by States or perscns, nc tural or ,juri31~~a1, and no State :'^;.11
ri.i^.. er exercise sov~r~ignty o;;~r amp pert of th, area and its rewtucec, :z.~r
s::a11 it :lain or erarciso any righ~tsV a:tcapt as hereina.t?ter povi3ad.
x'c? 3.- rxclusiva ~urisdictior. over t;~o erea and adtr3:u.strution o? its :3so?srcea
r:?.9i1 b3 L:t~rciscd on bah~zlf n# :~arucind, h;,~ the Aut11?~rity estaL?lishod undor this
i'n....n r
.. Zi.,^. ^. .
_. 7=-'_75:x'7
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Art. k.- Tha benefits obt~.inod from axploitction of the rosouroos of the ;:row. 7h~~]1 b~a
distributed oquit.:bly cmong ;.11. St:~.t~s, J.rrospoctivo of their gaogrrphiorl location,
giving apooial oonsidoration to the intoror,Ls ;and Hoods of developing countrios~
whether ooastrl Or landlookod.
Art. 5.- E~1.oitatiion of the rosourcoo of the ;:rot: shc11 bo carried out in a rt:tivnal
mr~nor ao as to ensure their consorvr;tion rnd to minimize cny fluotuation in the priooa
of minorcls and r:;w m;:tario.].s from torr~stri;l souroos thct may result from s+ich
exploitation and tulversely affoat the 3xports of the developing aountrios.
Art. 6.- All retivitioa in thu n_ro;; sh;~.ll bc~ o;;rriod out in auah t: mtnner tae to protect
and aonsorvo the natural resources of thu ^roa rand to provant dnlnago to the f suns and
flora of the marine emrironment.
".rt. 7.- Tho aro~ shall bo used exclusively for pa^ooful purposes.
Art. 8.- In the aotivities orrriod out in the cror.., the rights rnd logiti.mnto interests
of coastcl Stc;tea sha]1 bo reapeotad. Consultrtions sh;11 ~be maintained with the
ooastrl Stntos concerned with respect to ~otlvitios relating to the exploration of the
area find the exploitation of resources with -: view. to avoiding infringement of ouch
rights and interests. Coastal. States shall h;.vo the right to adopt suoh met:aures ao
may be noooesary to prevent, mi~igcte or eliminate gravy dungor to their ooasts or
related interests th,1t mcLq result from pollution, th3 thro;;t of pollution or from any
other hasandoua.oocurronoes resulting from or oaused by suoh aotivitiea.
C H :l P T E R II
Tho Authority. Membars. Functions and Powers.
Art. 9.- T: a Ptsrtias to this Cont?~~t~tion do hereby ?stablish an Interatitional Authority
1
for the 3oa bed, heroin rsferrod to ;':s "Tho ;uthortty".
lrt.10.- The seat of The Authority shall bo - It m.1y be transferred by the Aasemb],y oa
the cffirmative vets of two thirds of its members.
Art.ll.- I~bmber~hip in the Authority ah;11 bo open to ;.]1 States.
Art.12.- The Authority~ahcll hcve such intern:tionrl legal onpaoity na may be noceaeary
for tha ewsrciae of its functions anti the fulfilment of its purposes.
Art.13.- The Authority sh,:,ll enjoy in the territory of etch of its members, suoh
privileges rand imoaunitiee as cro necoss::ry for the fulfilment of its purposes.
Art.].L,.- The Intern~tianrl Seabed ;-uthority, hereby est-.blishod, ie ompower~~d3.
(r.) to provide for the orderly :mod s:,fo davelopmsnt cad rrtional mencgemont
or the exec, rand its resources for tha benefit of. mrnkind;
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?
(b) to undertake scientific research in the nro~;
(o) to undertake exploration of the area, cad oxploit:.tion of its rosolu~ooe
ae wo'1 as all activities rnlating to proflu~tion, processing cad marketing;
(d) to provide a'or the equitable ehexing of benefits deriving from the
oxp].orntion of the rxoa and the exploitation nr its reso~rooe, taking iato,aooount the
epeoicl.intoreotn and seeds of the developing countries, whether londlookod or coastal,
in aaoordcnao with proaiso criteria to bo established by the Assembly;
(e) to tpko all neoeeecxy mec.suros, including inter a]d.n,,contxol, roduation
or suspension of produation?or fixing of prices, of products obtrined from exploitation
of the aron, whenever it deems that such production m.~y hove adyerae eoano~i.o offsets
for dvv~loping countries, exporters of rr;w mctteri~ls;
?(t) to tuko awaeuros to prevent, mitigcto or eliminate po]lution or the thrort
of pollutiee- as well cs other hazardous ocaurreneea ruoultiag fr~~m or?o;used by uny
activities in the crec;
(g) to make, aai the.ini.tictive of intorusted St:,tae or in agreement with thom~
such regional or subregional arrcngemanta, including the oat;,bl.iahmer;t of subsidiary
oracne and regional or subregion~.7. fneilitioe, as it dooms neaoaeary for the oxoraiae
of ,its funotipne;
(h) to tclco mocauros to ensure the implom3ntation of the principles and
provisions of thi, convention.
Art.lS.- The :-uthority shall iteol! undartrk~ oxplor^tion end oxploitatian cativiti~s
is the area; it,may~ howevar,?avcil itself for this purpose of the services of persona,
natural or ~uridiaal, public or privrto, n;.tional or intern:tioncl, by :: system of
contrccts or. by.tho oat^blishmant of point vanturas. Tho Authority itself may oleo
undertake seientifio resocreh. It m.~y authorize other persons to errry out or uader-
toko such researah~ provided that the duthority mry supervise ~ research authorised
by it.
Art.16.- 7a order to ensure the participation of developing countries op terms of
equality with developed countries in all aspects of the activities carried out iz: the
area, the Authority:
(a) shall establish ooeanogr~.phie institutions on a regional basis for the
training of nationals of developing aountrios 3n X11 aspects of merino science and
technology;
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(b) oh:11 provide to developing countries on roquast toohnioal aaaia':.~..co and
exports in the field of oaonnographie exploration and exploitation;
(e) shall :adopt all appropriate m~asuroa to onauro the employment of qualified
personnel lrcxidovoloping countrieo in all capoote of the aotivitiea oarriod out in the
(d) ohal]. Rive priority to the locution in developing countries of proaoaeing
plants for the rosouroos ext:nated from tiho area;
~e) ohall~ in the oonoluaion of contraote and the oetnbli.ehnwnt of point
vonturos~ give due conaidorrtion to antitioa fraat developing oouatrios; shall make
adaqunto p~ana to promote the oroation and dovolopmrn,t of auoh entities and reserve
zones within the area for preferential exploitation by euoh ontitiee.
!-rt.l7.- Authorization for 'seientiSia research ehgl]. be granted to any entity offeria~g,
in the judgment of the Councils the necessary guarantees ne to its teohnioul compotoaoe
and undertaking to assume responsibility for any damage that moy be aaueod to the
marine environment and to comply with the regulations ~~lopted in this regard by the
Authority. Such authorization uuiy be denied whenever is the judgment of the Councils
there are reasons to believe that the propooed aotivitioa do not have ;~ penoetltl.
purposes or that they are to bo pursued with a view to finonoial gain or that they are
likely to involve risks to the marine cnviramment.
Authorisation may also bo revoked et any time !or violation of the applio~ble
regulations adopted by the Authority. '
Art.18.- Ttio luthority shall ct aLl times have aacesa to all research data as well as
to interim and final results of research. St.ch results and data neat be oommun~!cated
to the Authority before their publication or communication to other inetitutiane or
govhrnzeats.
Art.l9.- The Authority has the right to superviea at all times o11 stages of any
scientific research programme which is carried out in the area or to participate in
any or a]1 etages'of such research whenever it ooneidere participation desirable:
CHAPTER III
9TRIICTl1RE;
Organs
Art.2O.- 'The principal organs of the Authority nhell be the Aasamtl~, the Cauac:l~ the
International Seabed P~terpriae (ISBE) hereinafter referred to an the Eaterpriee~ and
the Secretariat.
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,s~cT_ z_x _~a .
Tlie?~1 e~+?ombly,
Art..21.- ~Tho ~(-sao,bly, ahr.-].1 bo the supremo organ of the Lztornation.al Sonbea Authority"
and shall aonaiet of s].l States members of the Authority.
Art.22.- The Aasembly,ehall moot in ordinary session annually. >yxtraordinnry.sosoione
of the Assembly shall bo oonvokad by +,he Secs~Atary-0enoral at the request of the Gounoil
.~
or of a simple ma~ority,of the membera~
A ainplo majority as;,the members shall oonetituto v quorwn dt mootings~of the ??
Assembly. Each State mambor of the lsssmbly ohall have one troto.
Deaiaions of, the Assembly shall be taken by a majority oP ?the members prooont?e~i~d
voting. .
Art.23.-....The Aseogtbly may disoues and deckle on any questions or ~~ny matters within
tho,acope of the prosant Convention. or relating to the powers and ll~notions of tho'
A .thority us amUodiecl iti Artiole 1.1r, and give directions to 'the Council and other 'or'ganb
of the Authority on any of those questions or mutters.
Art.2Q.- The Assembly shall inter alia be empowered:
(n) to elect its President and other officers;
(b) to elect the members of the Council after heving determined the group do
vhich eeoh Contracting Party wi;1 belong for the purpose of those electio~iei in
acoordanoe with the.terma of Artiole on the distribution of aer.ts;
(o) to determine its rules of procedure euid constitute such subsidiary or`gans''
as it may consider necessary or desirable;
(d) ;to deoide on the ~uoetion o~ contribution;
(e) to approve the Authority~e budget;
(f) to consider the annual reports from the Council'and'the Secretary-General'
ns we]1 ae say special ones whioh it may receives including those submitted upon its
own request; ,
(g) to approve the regulations proposed by the Council relating to the'
foralation of oontracta and point ?venturos with ~uridicrl. persons, duly sponsored by
States tor,.t~he exploitation of the resources of the?area;
(h) to approve the report of the Enterprises suba;i+.ted through the Council;
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(i) to adopt preoiso oritaric for the?ahnrit~, of benefits as wo]1 ae npprove
annually the plan submitted by ttio Council on the basis of ouch criteria;
(~) L~tuostion of the powers .,nd funetioae of the Aeeembly rolating to the
Entorprieg~.
(k) to decide Prom time to ~bime whioh panto of the arna are open to
exploration and oxploitntion~ and to eBtablish as may bo daemod nooessary for the
orderly development of the aroa snd preservation of the marine environment and its
living resourcos~ reserve areas free from exploration end e~loitntion.
Art.25.- The Aeaenbly shell eatablishi as an advisory body to the Counoil~ s P7.anning
Commiseioli to drnw up plane and make reoommeadations~ ae may be nooesseuy~ for the
development and use of the nroa and its reaournes~ including appropriate measures for
the strengthening of the technologioal capability of developing,countrios and for
preventing any fluctuation in the prloos of raw materials that may adversely afteot the
eaononpr of developing oountries.
SP; _ aUN 2
COUNC
Art.26.- Tho Council shnil comprise 35 mambors and shl],moet na often ae neoeesar~
for the pertormanae of its functions.
Art.27.- Members of the Counoil shall bo elooted'by the Aeaembly~ trmn the lists
prepared in aooordanoe with Article... having due regard to the prinoiple of equitably
gsographioal representation.
Art.28.- The members of the Council shall serve for a term of three years and ahal]. be
011gible for i9-eleotion. Elections shall be held every year. The Assembly ahol].
,determisse~ by 3rawing lots alter the first elections that the maadate of twelvA membeld
shall expire at the end of one year and that of.twolve other manbera at the end of tool
years.
Alt.29.- Zaoh member of the Council shall have one vote. Substantive deaieione aP
the Council sha]1 be made by atwo-thirds majority of the lnembera of the CounoiJ.
present dad voting. Prooedural decieiane (inoluding the question es to whether a
partiouler deoieiaa is aubstentive) shall be made by a simple majority of members of the
Couaail present and voting.
Art.30.- The Council ehe]1 elect its Chairman three V1oe-Chairmen and ono Rapporteur
for s term of one year.
The Chairman, or in ease of his incapaoity, the Viae-Chairmcui~ appointed by him
shall i'
Convene end conduct the meetings of the Council and carry out such other
functions na may be aseigned,to him by the CouBoil.
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art+31.- Any Contrnotipg Party not represented on the Council may participate without
veto is the aonaidoratio~ by the Crnutcil~?of ~V quootion which is of partloular interest
to it.
Art.32.- Tho powers and duties of the Couaoil oha]1 be tot
(a) eubcdt annual reporta.to the Aooembly as well ae special reports which
it may doom necessary or when r~quoated by the Asaotsbly;
(b) detsrmiue .its,rulea os prcoedure;
(off propose to the?Aaeembly the establiohmant of .subsidiary organs as may
be necessary or desirable, and rho do!inition of their duties;
(d) to malce?reoommondatione to the Assembly ne to the contribution of member
(e) submit proposed budgets to the Aasemb].y for its npproval~ and supervi ae
their execution;
(f) issue regulations pertaining to all activities undertaken in the aroa~
including those rels,ted to the resources thereof, and supervise those activitiee~ in
acoordnnoe with such oritori^ r.s mr~y be laid down by the Assembly;
(g) ? aubn~it to the Assembly proposed ru~.es ~.nd regulations on the formation of
joint ventures with juridic,:.l peraona~ du:iy sponsored by Statea~ fob the exploration
and exploitation of the resources of the area;
(h) submit to the lssembly the scrlo of distribution among Contracting Parties
of benefits from nativitiea in tine area;
(i) ruthoriao scientific research in the rse.1;
(j) set'rules and standards for the pravention of pollution and contamination
of the marine environment from seabed cctivities;
(k) rdopt~ for the benefit of developing countries measurss designed to
attain the aims sot forth in Art. 16.
(1) to mrko recommandationa to the Assembly with respect to reser~re are~e ca
provided for in Art. 2/,,j;
L~m) (question of the powers and f~metions of the Council with rega.~ci to tha
F~terprise ),T
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:~'~rION 3
THE EAITERPRISE
Art.33.- Tho Eiitor-~risa is tlio orgnn of th ~:uthority ampowarod to underteko e11.
technicri~ induetrir.l or commorcicl activities relntinl{ to the exploration of the wren
and exploitation of its resources (by itaelf~ or in point ventures w~.th ~uridiac?.
persons duly sponoorod by Stc.tas).
Art.3k.- Tha Enterprise shall l=ave ~n i.ndepondont legal personality and such logs].
capacity ae may be necossai+y for the exercise of its functions and the Pulfileont of its
purposes.
Art.35.- (Questions relating to the structure and functions of the Enterprise).
51:CTICh' _4
THE >JCRET~T
Art.3b.- There sit~11 bo ,:~ S;:crotwry-Generals olectocl by the Assembly for a term pf
five ;; o:Lra. The SecretaY^,/-General a;.~vll be the chief administrative offioer of the
Authority.
Art.37.- Tlie Secre?~ns^,/-Gener,.l sh~~li act in that cc~pcolty in all meetings oP the
Assembly anu the council s.?ld shr7a perform such other duties as are entrusted to liim by
those organs. Ho shr11 mnke n r~nual report to the Assembly on the work of..the
Authority.
Art.3$.- The Sacratary-Gsn~r,~ shtill yet in ,~n c~dviaorq ecpacity to the Ehtelprise.
Art.39.- Tha S~cre?tary-Goner~_ shall ba responsible for the distribution of c1l
informe.tion obtained from scientifip rosoarch?in the area.
i~rt.40.- The 5ecret~lry-Gonerrl shcll draw thc, attention of the Counoil to e~ matter
which in his opinion may require its urgent consideration.
Art.l,1..- In the performance of their duties the Secretary-General and the atP.ff sha71
not sea=t or receive instructions from ally Government or from sny .other authority
external to the Authority. They shall refrain Pram aim aotia~n which might refloot on
their position r,a international officials responsible only to the Authority.
Art.l~.2. - Ecch Member of the Authority undert..kee to reapaot the exaiueively infs=.
national ebaraater of the responsibilities of the Seoretary-General and the atrSf and
shall not seek to influence them in the discharge of their responsibilities.
Art.43?- The staff shall be appointed by the Secretasy-Generrl under regulations
established by the Aseemb.y.
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Art.l~Q..- Appropriate staffs aha]:1 bo r~rmanently assigned to the Assembly and the
Counoil~ ands as rdquir?d~ to other organs of the Authority. Thoee staffs ahW,l form
a part of the Secretariat.
Art.45.- The paramount consideration in the employment of.tho staff and in.th~
de~erminatian of the conditions of sarviae sha].7. be the necessity of aeouring the
highest stand:u~cls ~f efficienay~ oompetonae, and integrity. Due regard shu]1'be paid
to the importance of recruiting the staff on 1a wide a geographiool basis ~s possible.
CHkPTER lYIY
9~~~N~ OF DISPUTES
CF~PTL~R VV
SIN L PROVISIONS
L(Questions relating to ameadmenta~ rati.fioation, accesaions~ reservations entry into
ioroe~ eto.)
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1. Draft decision submitted by Algeria. Brazil, Chile, China,
Iraq, Kenya, Kuvnit, the Libyan Arnb Republic, Mexico,
Peru, Venezuela, Yemen and Yuaoalnvia~
The Committee on the Peaceful Uaes of the Sen-Bed and the Ocean Floor
beyond the Limits of National Jurisdiction,
Recnllina General Assembly resolution 2574 D (XXIV), of 15 December 1959,
in which the Assembly declares that, pending Lhe establishment of an international
regime Tor the sea-bed and the ocean floor, SLntea and persons, physical or
~uridicol, are bound to refrain from sll nctivitica of exploitation of the
resources of the areas
BenrinP in mind the provisions of the Declaration of Principles Governing
the Sen-Bed and the Ocean Floor, and the Subsoil thereof, beyond the Limits of
National Jurisdiction, contained in General Assembly resolution 2749 (XXV) oT
1T December 1970 which declares that the wren shall not be subject to appropriation
by ens aeons by States or persona, natural or juridical, and that no State shall
claim or exercise sovereignty or sovereign riphta over any part thereof: and
that no State or person, natural or juridical, shell claim, exercise or acquire
rights with respect to the area or its resources incompatible with the
international regime to be established and the principles of Lhe Declaration,
Gravely concerned over the evidence that a number of States, orRanizntions
and consortia are already er ~Ped in operational nctivitica in the area,
Calls upon all States engaged in activities in the sea-bed area, beyond the
limits of national jurisdiction, in conformity with the provisions of the t;~o
resolutions cited above, to cease and desist from all activities aiming nt
commercial exploitation in the sea-bed area and to refrain Eton engaPinq directly
or through their nationals in arty operations aimed at the exploitation of the
area before the establishment of the international regime,
Reaffirms that prior to the establishment of the international regime, no
claims on any part of the area or its resources, based on past, present or
future activities will be recognized.
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UNITED NATIONS
THIRD. CONFERENCE
ON THE lAW OF 1'HE SEA
Distr.
LIMITED
a/coNF.62/L.4
26 July 1971+
Canada Chile. Iceland i India. Indonesia. Mauritius, Mexico
New Zealand and Norway: working paper
The representatives of Canada, Chile, Iceland, India, Indonesia, Mauritius,
Mexico, New Zealand and Norway have held a number of informal consultations on certain
issues relating to the Law of the Sea. They are presenting the following draft articles
as a possible framework for discussion on those issues by the Third United Nations
Conference on the Law of the Sea.
Preparation of this informal working paper does not imply withdrawal of the
proposals submitted, individually or jointly, by some~of the above-named States, or
substitution of such proposals or stated positions by the present working paper; nor
does the paper necessarily reflect their final positions and is without prejudice to
declared national positions.
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1:y~glish
Page 2
Draft articles
Territorial sea: general provision's
Article 1
1. The so~rereignty of a coastal State extends beyond its land territory and internal
waters, and,'in the case of archipelagic States, 'themarchipelagic waters, over an
adjacent belt of sea defined as,the territorial sea.
2.? The sovereignty of a coastal State extends to the air apace over the territorial
sea as well as to its bed and subsoil.
.3. 'his sovereignty is exercised suti~ect to the provisions of these articles and to
other rules of international law.
Article 2
Ttie breadth of the territorial sea shall not exceed 12 nautical miles to be
measured from the applicable baseline.
Article 3
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
marY.ed on large-scale charts officially recognized by the coastal State.
Article 4
1. In localities where the coastline is deeply indented and cut into, or if there is a
fringe of islands along the coast n its immediate vicinity, the method of straight
ba~~~ines joining appropriate points may be employed in drawing the baseline from w`,iich
the breadth of the territorial sea is measured.
2. Tine drawing of such baselines must _~ot depart to any appreciable extent from the
General direction of the coast, and the sea areas lying within the lines must be
suf'fi.ciently closely linked to the land domain to U e subject to the regime of internal
:raters .
3. Where the me?,hod of straight baselines is applicable under the provisions of
paragraph 1, accou,:t may be taken, in determining particular baselines, of economic
interests peculiar to the region concerned, the reality and the importance of which are
clearly evidenced by long usage.
1~. Tire system of straight baselines may not be applied by a State in such a manner ns
to cut off from the high seas 'the territorial sea of another State.
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A/CUNI'.62/L.A
rnglish
Pn~e 3
Archipelagic States
Art icl~
1. An archipelagic State is a State constituted wholly or mainly by one or more
archipelagos.
2. For the purpose of these articles, an archipelago is a group of islands, includin4
parts of islands, with interconnecting waters and other natural features which are so
closely interrelated that the component islands, waters and other natural features
form an intrinsic geographical, economic and political ,entity or which historically
have been regarded as such.
Article 6
1. An archipelagic.Stete may emNloy the method of straight baselines ,joining the
outermost points of the outermost islands and drying reefs of the archipelago in
drawing the baselines from which the extent of the territoris,l sea, economic zone and
ether special ~urisdi.ctions are to be measured.
2. If the drawing of such baselines encloses a part of the sea traditionally used
by an immediate and adjacent neighbouring State for direct communication from one part
of its territory to another part, such communication shall continue to be respected.
Article 7
1. The waters enclosed by the baselines, hereinafter referred to as archipelagic
waters, regardless of their depth or distance from the coast, belong to and are sub,~ect
to the sovereignty of the archipelagic State to which they appertain.
2. The sovereignty and rights of the archipelagic State extend to the air space over
its archipelagic waters as well as to the water column, the sea-bed and subsoil
thereof, and to all of the resources contained therein.
3. Innocent passage* of foreign ships shall exist through archipelagic waters.
* /Further articles will be required relating to the regime and description of
passage through specified sea lanes of the archipelagic waters_f
Article 8
'!`he foregoing previsions regarding archipelagic States shall not affect the
established regime concerning coastlines deeply indented and cut into and to the
waters enclosed by a fringe of islands along the coast, as expressed in article 4.
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i
n/coNr.62/L.~~
EY~glish
Page b
Archipelanos forming part of a coastal Statr_
Article 9
1, n coastal Gtate with one or more off??~ing archipelagos, as defined in article
p4ragraph 2, which form an integral part of itA territory, shall have the right to
apply the provisions of articles 6 and 7 to such archipelagos upon the making of a
declaration to that effect.
2. The territorial .sea of a coastal State with ono or more off-lying archipelagos
exercising its rights under this article will be measured from the applicable baselines
which enclose its archipelagic waters.
Article 10
The provision regarding archipelagos forming,?part of a coastal State shall not?
affect the established regime concerning coastlines deeply indented .and cut into and.:to
the waters enclosed by a fringe of islands along the coast, as expressed in article 4.
Article 11
The provision regarding archipelagos forming part og,?a coastal State shall be
without prejudice to the regime of archipelagic States, as provided for in
articles 5. 6 sad 7.
Economic zone
Article 10- l 7~
The coastal ?$tate?exercises in.,und throughout an area beyond and ad~aoent~?to??its
territorial sea, known as the exclusive economic zono: (a) sovereign rights for ting
purpose of exploring and exploiting the natural resources, whether renewable or
non-renewable, of the sea-bed and subsoil and the supPr~acent waters; (b).the other
rights and duties specified in these articles with regard to the protection and
preservation ,of the marine environsent and the conduct of scientific reaearch?:,' The
exercise of these xigbt?s shall,be?githeut pre3?udice to.article.l9 of this?cor~yention.
Article ~l~
The outer limit .of .the economic zone shall not exceed 200 nautical miles from the
applicable baselines for measuring the territorial sea.
,[The co-sponsors rcea~mize the req~iirement for equitable rights of access on the
basis of regional, subregional or bilateral agreP_ments, for nationals of
developing land-locked States and developing geographically disadvantaged States
(to be defined) to the living resources of the exclusive economic zones of
neiglbouring coastal States. They will shorty be presenting articles to this
effect
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n/corrF. G2/z. 4
Isn(;].ish
pale 5
Article 14
Tn the economi'e zone, ships and aircre.ft of all States, whether coastal or not,
shall enjoy freedom of navigation and overflight subject to the exercise by tl~~ coastal
State of its rights within the area, as provided for in t]~is convention.
Article 15
The coastal State shall exercise its rights and perform its duties in the economic
Zone without undue interference with other legitimate uses of the sea, including,
subject to the provisions of this convention,~the laying; of cables and pipzlinea.
Article 16
The emplacement and use of artificial islandu and other installations on the
surface of the sea, in the waters and on the sea-bed and subsoil of the economic zone,
shall be subject to the authorization and regulation of the coastal State.
ArticJ.e 13,
In exercising their rights under this convention, States shall not interfere with
the exercise of the rights or the performance of tl~e duties of the coastal State in the
economic zone.
Article 18
The coastal State shall ensure that any explora?~ion and exploitation activity
within its econor.~ic zone is carried out exclusively for peaceful purposes.
Further specific articles will be required in relation to the economic zone_f
Continental shelf
Article 1
1. The coastal State exercises sovereign rights over the continental shelf fcr the
purpose of exploring i.t and exploiting its natural resources.
2. The continental shelf of a coastal? State extends beyond its territorial sew. to a
distance of 200 miles from the applicable Baselines and throughout the natural
prolongation of its land territory where z~ich natural prolongation extends
beyond 200 miles.
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n/core.62/L.r~
~gliah
Pa~-e C
3. Parrs^raph 2 of thin article shall be without prejudice to the proviciona
concerning delimitation between ad~neent and oppcaite States contained in articles and
other rules of intornational law.
,Further provisions will be required on the subject of article 19 including
provisions to cover the precise demarcation of the limits of the continental
margin beyond 200 miles; the use oS'the~ahelf for peaceful purposes only;
delimitations between opposite and adjacent Stntea, with retention of existing
rights, including rights under bilateral agreements; and the relationship between
the continental shelf and the economic zone_f
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llistr.
LII~12'1'l~;ll
T~~~l ~ ~t1~?J~'~~~:I~JCC
~y~ ~~f~:!_ft~'~Q~= fc~~~~A
A/COP1I'. G?_/C.l/L.11
2G Au1,uc:t 19'~li
I;IIGLI511
ORIGIIl/1L: SI'NlIS}I
CHILL: 4lORY7rIG PAP1?R O;d T1IL ?';CO!~Oi~fl(' 7h1i'LICA'PI0;15 rOR TI1G
DPVELOPII~IG CGU19TIi~ES Oi' T1iI; LXPLORl1TIOI! Ji' TIIi; SFJ1-BI~;D
DLYOl~1D Tll); LID127.'S OP JUR?SDTI?TION
T'he topic with which ?,a~ ctre concerned has been debated both in the First Co^_tntittee,
when the represe:ntc:tives of the Secretary-General ~,tnd of UIdCT/1D took part, and irr
the reminar that was organized on this question, which cnablyd n. free, off-?t.he-record
and tttorouglt discussion to be held.
'Phe seminar, which all delegations had the opportunity to attend, the questions
put to ?L?he representatives of UilCT/1D and of the Secretary-General, and their c;.t~s~r4rs,
the very comprehensive reports submitted to the Con,f.crence by the Secretary-General
and by Ui;C'.['l1D, and the summary (A/COI11~.62/C.1/L.2) whiclt the Chairman lu~d prcpered
? fcr the rirst Cor.~.?ni.ttee constitute a body of important infort:tat;ion ~rhicl, has enabled
delc:gati.ons sufficiently to form their own views on this topic.
lde ?nust try to deal with the whole subject of the so-called economic implications
in an orderly and systematic manner, for it is somcthi.ng with which we have been
concerned since 196x.
It must first be asked: what are the economic implications? ticre we are dealing
with a cliche of the same kind as the term "rules and reFUlations" and many others.
rlhat are the economic implications? Since 1968, when the Sea-Bed Committee met for the
first time, it has been said that the ne~a submarine products will necessarily affect the
prices and markets of land-source supplies. If a new source of production appeared
on the scene, it was only logical that it shculd cause some drop in prices and have sor^.e
impact on the rn~srket; thus it would be harmful for the countries producing the same
minerals, particularly for the developing cotu7triea, and that harmful effect had to be
prevented or efforts must be made to minimize it. At that time in 1908 there began to
be talk of the so-called economic implications of future exploitation and there was
? includr-d in the report of the Sea-Bed Con~rnittee a principle which is rtlways reiterated
every year. The principle is that the harmful effects which future production might
cause or initiate in the economies of the producing developitg countries should be
minis; ized.
'Phis principle hds been repeated in all the reports of the Sea-Bed Cormittee since
1968 and it i.s included in the solemn declaration of principles proclaimed by the twenty-
fift;h anniversary session of the General Assembly i.n resolution 27?'+9 (X,YV) which was
adopted by consensus. Ttaat same session also ..^.clopted resoltttion 2750 A (XY.V) in wltich
the ;secretary-General wa^ requested, in co-operation with liidCTAD, to keep this tnatter
s
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1SI:(j:~if;11
PatSe +
utldcr z?evicw and to proporc aolutions; the: rc}:ort of 'the 5ecretury~-General is a result of
that 1?c:lolution. Tor its part?., U1~1C'i'AI) c~doptcd ut its third sccsion, held ut 6antia(,o,
Cl,i1c, recr,J.utioli Sl (3) which users nra;:tically the srnnc language r1s the General
Assembly rr.::o].ut:ion; rr,c;cordiuc;ly, U;;Cir,L' h:,.s i:~stted reports uncl sent toro representatives
to thin Conference. Dy taking up thin topic n+;l clcalint; with it - it is an itela on its
agenda -the Conference is in (':tict repeatin(; nn~l rc~.tifyinl, the mandate which it has
received to deal with tl+i.s principle uncl (rive 'it u pz?ecise formulation.
The principle of minimizing the huz?Inful implications of future exploitation coexists
with another principle -- thaL? oi' the coI^.1non herita(;e of mankind. The principle of the
common hcrita(;e of mankind implies that there in going to be exploitation, subject to u
regime and an international authority, and that tha.s exploitation is?going to benefit
manY.ind, i.c. all States. Thus the priuciple of minimization z;hould be understood in
conjunction with the principle of the co:+unon 1leritnl;e.
Zn the first place, which are. the exploitable iinerals of the ilea-bed??
lVe have been 'tending 'Lo ?ive priority to manganese i;odules contuiriing manganese,
cobalt, nickel ard.copper, for the sirple rca:lon that the prospects of exploiting such
nodules have bten imminrnt, because extensive exploration activities have a.lreudy been
carried out, and "oecauso certain steps identifiable with incipient exploitation have
been falters despite tha ~xistance of r, moratorium which was already implicit in Genernl
.Assc;nr'iy resolution 27119 (.l'>,'V) establishilig~'the principles ~overniug the sea-bed.
}Iowever, manganese, copper, ric'_cel ::ind coba7.t obt:nined from manbanc-:se nodules are not the
only minerals involved oz the or.].y ones to Ue exploited. The study prepared by the
Secretary-Genernl for the l~cororlic aid Soc:i.al Council, en'.:itled "I~iineral Resources of.
the ?eu", provides a clear inGication ~s i.o which minerals a.*.?e involved.
In a.ddit:ion to manganese ncclules, yetroleum and gas should not be overlooked. It is
not'my intention to go into er prcjud;;e the: question of national jurisdiction, but as the
Secretary-General's stllri~r est2.blishecl; petrolelul is to be feunct not on7.y on the
continental shelf but also in va?.?ious ocean i,:ts?.I1s, (.~.Inor,g th~.~~n the Gulf of i'lexico. In'
ti1^ opinion of a Ut!.iversity of bliarn?_ l;eophysicist, z?ecc-:ntly reported in ''l'ime magazine,
there could be hundreds of sites in tho oc:ea;1 depths which contain petroleum and gas..
A recent iss~.le of The P'e1?r York ='i::'C'?3 contained a report cn the project known as
"rMfOUS" which was carried out jointl;? b?~ the United ~tatcs uud Prance. T,]hile
? economic potential of the nodules; several' comnar;ies from mast of the 4(estern
industrialized. countries have invested lax,-,e sums (each group of co?~panies -and there
are a?t least sir. of them -has invested between ~v100 ;nillion and :'5200 million) in
exploration for the nodules; terhnolo~y.i:,.;ievelopinl; at a fantastic rate and substantial
proCrr-.:;;; is bein ; Wade in undersea nineroloy 'every year, as anyone rho has attended
marine science and technology con~res;,es ire-the United States knows; .economists have
also established that the co.?nmercial e::ploitatiorr of minerals, and. particularly of .
nodules, will be profitable. Certain activ=ties, such as those carried out by the :;hip
belonCring to the American Ifoward Iiughes, arc' difficult to distinguish .'.Torn the early
stages of a process of exploitation.' k bill lrris also been submitted to the congress
of an important industrialized nation authori~inf that nation, in agreement with others,
to grant licences in the area beyond national ,jurisdiction, ~~;ith;ut reference to the
United IJations, the Conference or the international community. In ether words, this
would authorize the establishment of a r~E;ia:~ among the developed countries under which
they would share the resources of the sea-bed. A1]. the iuregoing shows.thet the
sea-bed is e~?nloitable, and .exploitable in t}re very near future. That is the true
situation.
(hat are the economic implications of this situation? We have before us two
basic studios, that of UI~;CTAD and that of the Secretariat. Doth rare sununarized in
document A/~O2iF,62/C.l/L.2 and have been explained extr.?crnely clearly and in detail
by the representatives of UP7CTAD and of the Secretariat.
?
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fad:: 4
Tho UNCT~1D c?orumen~c, rayo that, i:' a new sou?ce of production is exploited, this
vi ).1 necessarily lzr:ve advcrsn effects on the producers oi' lnnd-Eased minerals. The
rel?ez?t Guys taui; this i.e~ bourul ?to lest: to a reduction in prices, because the price of
tl:, Jr.~u???ba:~e~? p;:odrer,s :aunt either dc?:raase or incrouse less than it normally would.
1:? the inc~?ease 3s less than norma'l,,thcra must obviously be adverse effects in any
case, since, the pri,:r~3 e:J' =?~in~c:ountri.r?r: n;a_a r.rer,ntn~,er
of fatal c:.~:~~or?I,c and N,c?o~Frlc?niccLi.r: produr.t,i.9~
P:xports in
Value af' nickel r:`xnart.s
19G~
A~ a percentage
As a percentriar,
(milli.ons
1l3 dollars)
of
total exports
of ~;ro~s
dorrestic product
Cuba
13.h
2.1t~/
...
Inda:ieaia
)t.4
5.9
o.6t-'/
Nea Calc:doniu
G7.4e/
Source: Annalcs Qes tnine;, (1968), January 19'(1; Argnnisr.~:ian for I;ccnomic
Cc-o;:rruti.on and Ikvelvpinr'nt, "5eric:: C" 1~Jf,9 (Jcr.uur:ry-he?cembcr) Cotr~cradity by 'I?:;de
Tmparto; )?!ontn]jy )3ulleiin%f Stcti:ir,tic: i~)ccrch ].971.
/ ;vi.e);el orr and cc;ncc?ntrutc, i.nc:].udin~; matte (S]TC 2D3.?.); ni.chel and.
ul].of;;, urnrraught (SITC 683.1); nir?kel sad n].loys, i~oi?I;~:?d (t3ITC 683.2).
~./
c/
19G8 data.
Territory of Fronce.
'!'able 5
Cobalt e;;rort;; of dr+v~~tonirr,. crn,rntricr; ?~ i~ ~~rccrr+:nF?o
of, fatal c~xr.~~ri+ rand rtic^ dome?rti_r~ nrndirr_t~1~+(~~,?i _.~_.
l;xports i.n
1y6C
(tci.llion=:
U;~ dollars )
Vnluc of cnbnlt r_xnorts
As a percentage As a percentar;c
of n of pros:, ti
tota] rxport.s-/ dotne~tic product/
D~zr,:ocrrli?,ic P,epublic of
;~icrocco n.a. _ _
a/
i;/
r: /
United ~)ation:,, )fiontitly liull.etin ai' Stntist;ics, hnreh 197.t.
Banque Plationa].c du Conr!o, 1970.
1Zepublic cf 7arubict, llnnual ;~f.a.ternc:nt of )sx.ternal 7'r?ude 19(8.
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~~~T~~ ~AT~a~~
T~~GR~D CO~~ERE~CE
?~ THE I.~W pF TWE SEA
lii~atr.
LIMITED
A% COPII'. 62/C.1/L.11/Corr.l
27 August 1971-
ENGLISH, FREIJCII, RUSSINI
AND SPANISH OIILY
CHILE: WORKIIIG PAPER ON THE ECONOIti.C IMPLICATIOPIS FOR THE
DEVELOPING COUNTRIES OF THE EXI'LORATTr1Id OF 'PHE SEA-BED
BEYOND THE LIMITS OF JURISDIl:TION
Fage 9, replace table 3 by the following:
Table 3
Copper exports a/ of developing countries as a uercentaee
of total exports and gross domestic product, 1969
Exports
Value of copper exports
in 1969
As a percentage of
millions
SUS
Total
exports
Gross domestic
product
A.
Coj.,^Ar. as mayor foreik~n exchange earner:
Tabove 10 per cent of tot~1. exports)
Zambia b/ .
720.8
94.6
~
52.6/
Congo-Kinshasa
475.8
~
$3.0-
33.0-
chile
730.7
78.3
12.7
Peru
250.1
28.9
6 . iJ
PY,ilippines ..
150.9
15.6
1.8
Uganda
21.4
10.b
?.':~/
B.
Co per as important foreign exchange earner:
(between 3-10 per cent of total exports)
Heiti
2.3
6.2
...
Bolivia .
7.4
4.1
0.8
Nicaragua .
6.3
4.1
0.83
C.
Co oer as minor foreign exchange earner:
less than 3 per cent of total exJ orts)
I.lexico
21.5
1.5
0.o&I'/
2.3
0.5
0.07
Cuba
2.3
0.35 ~
...
South Korea .
0.1
0.02
-
India .
0.2
0.01
-
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I~gliah
Page 2
Source and foot;-notes 'co table 3
Ezt nets from: Organisation for 'Economic Co-operation and D~vclopment, Series C,
1969 January-December), Comarodity by Trade: Imports i Monthly I3ulleti~:i of Statistics,
March 1971, International Monetary Fund, International Financial Statistics,
April 1971.
Coppez~ ore concentrates, including matte (SITC 283.1); copper and alloys,
unwrought (SITC 682.1); copper and alloys of copper, worked (SITC 682.2).
1968 data based on International Monetary Fund, International Financial
Statistics.
~ 1968 data.
~ 1967 data.
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?1~~
~-~1
;~
~ ao~~~'~?NA~'~~~S
~....1.
~
~? ,.
'I ~' ~
THIRD CONFEREi~CE
ON THE LAW OF THE SEA
vistr.
~z~~z~D
n/cocri~~.62/c.2/z. 66
16 August 1974
Argentina, Auctrnlia, Chile, Mexico, New 7ealand and United
States of /lmeriea: draft article for inclusion in the
chapter on the high seas
'17ie riSht of hot pursuit shall app]y, mututis mutanclis, to violations in the
economic zone or on the continental shelf, Including suety zones around continental
Shelf installations, of the lawn and regulations of the Coastal State applicable in
accordance with this Convention to the economic zone or the continental shelf, includinE,
such safety zones.
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JNiTED NATIONS
GENE('.AL
ASSEMBLI'
CO1~'L~IITTEE ON THE PEACEFUL USES OF THE
SEI,-BED AND THE OCEAN FLOOR DEYOND THE
LIMITS OF NATIONbI,,TURISDICTION
SUB-COl+TNLiTTEE
Distr.
LIMITED
A/AC.138/sc.III/L.22
31 July 1972
Original: ENGLISH
l:ustralia. Canada, Chile. Colombia, Fiii, Indonesia, Japan. tilalayeia,
21ew Zealand Peru, Philippines, Singapore and Th2.iland? draft resolution
The Committea on the Feaceful Usas of the Sez-Bed and the Ocean Floor Beyond
tl;a Litaits of Nz.tional Jurisdiction,
Recalling the suggoated statement of views submitted to Sub-Committee III at the
8th mooting of that Sub??^ommittee,J
rurther recalling the resolution on the aubjcct of nuclear testing adopted by the
Urit~?d i~stions Conference en the Htu;,z~ Environment, as wF:ll as Principle 26 of the
Z?acl~ration un the luman Environment afloptad by the same Con?orcnce,
l:ctin~; in furtherance of the prirciplcs of tl;e pz.rtia:iucleer 4'es+. Ban Treaty,
E^.vin~' noted the concern of the nations and peoples of t:~e Pacific at, zed their
opposition to, tnc conduct of the nuclear weapon tests in that region,
Bozxi-~,~ in mind its obligation to propose legal norms for tha preservation of
t_^.E narine erviror.?..ent and the prevention . f marine pollutio -;
1. D~clz.r~n th~.t no further nuclear rraapcns tests likely to contribute to the
c:nta,~in2tion of the t^_arira onvironW-~nt should be carriad out;
2. Reeu~sts its Chairman to for.?rzxd this resolution to thr_ Secretary-Sane ral of
+ho U:Zited I?+Ftions for referral to the approyriat~ IInited Nations bo8ies,
incla~iing the Conference of the Committee on Disarr?,et~eat.
:/8421, lnncx V~
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