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November 11, 2016
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February 16, 1999
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January 1, 1975
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~~ C I AOBG I LQS ~~ -nn 1 1~ipr~Ed I~QF Release 1~99(08/2~?: GtA-RDP$6T0060$R000200200001-$: aw~af- fhe' Sea~~ Country ~tu~ly , : ~ Chile _ ;Jan Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 ? Law of the lea Country Study .chile GCR LOS 75-1 January 1975 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 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 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 : ~~E}~DP86T00608R000200200001-8 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. SE%RET Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 : sCRDP86T00608R000200200001-8 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 ... ...... ............. ~ ~ 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 ~ ~ 21 Resolutions ... ...... UN Action on Significant ? ~ 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 ii SECRET Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 : ~~E{tDP86T00608R000200200001-8 ~'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. 1 SECRET Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 SECRET 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 ? SECRET Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 SECRET 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 SECRET Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 ~~~-RDP86T00608R000200200001-8 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 SECRET Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 : s~cI~TRDP86T00608R000200200001-8 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." Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 : ~~RDP86T00608R000200200001-8 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 6 SECRET Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 : ~iRDP86T00608R000200200001-8 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 SECRET Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 s~~-RDP86T00608R000200200001-8 1 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. SECRET Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 SECRET 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. SECRET Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/2C~~~kA-RDP86T00608R000200200001-8 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, s SECRET Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 : sC~cI~TRDP86T00608R000200200001-8 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." SECRET Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 s~I~RDP86T00608R000200200001-8 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. SECRET Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 sd~d~Ac-RDP86TOO6O8ROOO2OO2OOOO1-8 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: 13 Approved For Release 1999/09/26 :CIA-RDP86TOO6O8ROOO2OO2OOOO1-8 Approved For Release 1999/08~~r. CIA-RDP86T00608R000200200001-8 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 SECRET Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26SE~aA-RDP86T00608R000200200001-8 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 SECRET Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 SECRET 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 SECRET Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Mar 71 Jul Aug 71 Feb Mar 72 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 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 25X6 Next 1 Page(s) In Document Exempt Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 : CblDP86T00608R000200200001-8 cxzLE Part II -- Background Infarmatio n Geography World region: Latin America Category: coastal Bordering states: Peru, Bolivia, 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 SECRET Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 gE~B04-RDP86T00608R000200200001-8 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 . SECRET Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 : C~DP86T00608R000200200001-8 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 SECRET Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 SECRET Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 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. Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/2C~~c~A-RDP86T00608R000200200001-8 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 SECRET Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 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,, 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 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 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; Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 ? (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; Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 (b) oh:11 provide to developing countries on roquast toohnioal aaaia' 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. 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. Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 ,s~cT_ z_x _~a . Tlie?~1 e~+?ombly, Art..21.- ~Tho ~(-sao,bly, ahr.-].1 bo the supremo organ of the 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; Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 (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. Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 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 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 ~.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 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 :~'~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 ~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. Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 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 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.) Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 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. Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 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. Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 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. Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 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. Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 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 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 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. Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 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 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 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 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 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 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 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. ? Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 ~,/co:ir.G2/c.l/U.u 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,].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. Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-~:~~,,.._,____; ~~~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 - Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 n/corn~~.G2/c.l/.z.ll/corr.l 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. Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001.-8_.. ?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. Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 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~ Approved For Release 1999/09/26 :CIA-RDP86T00608R000200200001-8 ISLAS JUAN fE11NANDEZ (ISUNDS) .(Chile) ~- 1 Isle Ro~inson Crw ~~hlv Senle Clara w(),~V. Isle do Chi (hl"nd) Eslrecho de ~hnl~rNrni~~ .,, (Strait of Al ~~~;Lru DEPTH OF THE SEABED U 183" 3G5H`"Meter, " The, confinentnl shell is convent umelly defined by Ihy 2UD nv!lor IFSU loot) isobnRs. "The conflnental nmrgln e; ,rppruxrnuilely dcluuxl bylhc 4000melrr 1131221oot1 isobalh ~ase 1999/09/26 :CIA-RDP86T006t~ (hl~ndl u e aen nm ? 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