LAW OF SEA COUNTRY STUDY TUNISIA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86T00608R000600110001-4
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 44
• Document Creation Date: November 11, 2016
• Document Release Date: March 1, 1999
• Sequence Number: 1
• Publication Date: January 1, 1975
• Content Type: STUDY

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No Foreign Disscm
Law of the Sea Country Study
Tunisia
GCR LOS 75.2
January 1975
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NATIONAL SECURITY INFORMATION
Unauthorized Disclosure Subject to Criminal Sanctions
Classified by, 019641
Exempt from General Decossification Schedule
of E.O. 11634 exemption calegoryI
?36(1), (4), and (3)
Automatico y declass) led one
date impossible to determine
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No For(,,lg-n I)ls,%rrnr
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 in the series are selected on the
basis of priorities suggested by the chairman of the Task
Force.
Each study 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
basic data and information bearing on law of the sea matters.
This study was prepared by the Office of Geographic
and Cartographic Research. Biographic support was provided by
the Central Reference Service. The study was coordinated
within the Directorate of Intelligence and with the Depart-
ment of State. Comments and questions may be directed to the
LOS Country Studies Working Group, Code 143, Extension 2257.
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I nrtihn Uis,`vrni
No
CONTENTS
Part I - Law of the Sea Analysis
3
Summary InfluencingLOS.Policy. ? :? ,:..... ?? ,.... .1
Factors ,,,...... ..
.. ? , ? .~ ,3
Law of the Sea Policy ?Neoti ator s and Advisers ...
Key Policy Makers, LOS?..9...... ... ..
Biographic Sketches
Part II - Background Information
21
.. ..??.. 22
Basic Data .... .. 23
Conventions ..aims .. ?."'" .... .. 24
???
Present Ocean Claims
Action on Significant UN Resolutions .?
Organizations Related to LOS Interests . ? ? 2
Membership in
ANNEX
Tuni si a
UN LOS draft articles submitted by world Seabed
Maps: Regional p
Theoretical Division of the
ii
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No ! (Il hn I)iVsr---
TUNISIA
Part I -- Law of the Sea Analysis
A. SUMMARY
Tunisia's geographic location .....
adjacent to busy shipping lanes on
the heavily polluted Mediterranean
and its aspirations to tap potential
maritime resources help to explain the country's keen interest in the
Law of the Sea (LOS) endeavor and! 2 ?
its concern over the outcome.
Tunisia played an active role in
the several preparatory sessions ?~%i,f
leading up to the 1974 Caracas
session of the Third LOS Conference.
Despite Tunisia's strong feeling:; on some controversial LOS
issues and its general adherence to the consensus of the
Organization of African Unity -- of which it is a member -- it
has maintained overall a flexible, open-minded approach.
Tunisia exercises a moderating influence among the developing
countries and seems anxious to help achieve compromise solutions
acceptable to advanced nations as well. Tunisia is well-disposed
toward the United States and is sympathetic to U.S. stands on
various LOS issues.
Tunisia's proven petroleum resources are not overly impressive,
but the government is encouraging more active exploration by
foreign oil companies. In terms of near-range development,
however, Tunisia is looking primarily at expanding its agricultural
and fishing sectors. Tunisia's current development program gives
emphasis to the development of fisheries. The government's great
interest in gaining marine technical know-how is evident from its
expressed feeling that technology transfer should be a prerequisite
for granting advanced nations research and fishing rights in a
coastal state's economic zone.
Tunisia endorses a 12-mile* territorial sea, having extended
its own jurisdiction to that distance in 1973. On the controversial
straits issue, Tunisia has been subject to diverse influences over
* Distances and areas throughout this study are in nautical miles
unless specified otherwise.
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the past several years. Although in effect it stands with other
developing countries that favor the principle of innocent passage,
Tunisia is sympathetic to the U.S. position and can see the
advantages of continued free access to the Mediterranean by the
Sixth Fleet. In an effort to accommodate both sides, Tunisia pro-
posed at Caracas that the conference establish objective rules and
criteria defining the nature of international passage that would
protect the security of straits states and the marine environment
while facilitating world navigation. The protection of traditional
navigation rights also figures in Tunisia's views on the concept
of archipelago states, pollution control, and the exclusive
economic zone.
Perhaps partly as a result of a long dispute with Italy over
delimitation of the continental shelf -- finally settled in its
favor in 1971 -- Tunisia is particularly interested in the regime
of islands, especially the problem of allocating appropriate
maritime spaces. While recognizing that insular and archipelago
nations should have the same maritime rights as continental coastal
states, Tunisia urged at the Caracas session the adoption of more
precise definitions for islands, islets, reefs, etc., and called
for the categorization of world islands according to all relevant
factors such as size, location, population, geological structure,
history, etc. Tunisia does not want the international sea area
reduced in size as a result of excessive maritime space granted
to islands, and is also opposed to using outlying small islands
in fixing baselines for offshore boundaries between opposing and
adjacent states.
At Caracas, Tunisia endorsed the concept of an exclusive
economic zone of no more than 200 miles, in which the coastal
state would have sovereign rights to exploit both renewable
and non-renewable resources and also control marine pollution and
scientific research. To ensure maximum rational exploitation of
fisheries, Tunisia is prepared to enter into agreements with other
countries to form joint fishing companies. Tunisia suggests that
such cooperation could be extended on a regional basis by means of
strengthening or reorganizing existing fishing organizations.
Tunisia charged at Caracas that the 1958 Geneva Convention
on the Continental Shelf favored technologically advanced nations
to the detriment of the interests of developing countries. In
this vein, Tunisia urged nations claiming a shelf of over 200
miles to modify their stand and adopt a conciliatory attitude
toward the proposed international Authority. Tunisia feels
strongly that the Authority should have exten:.~ive powers,
including that of direct exploitation, and should be structured
to prevent domination by advanced nations. Moreover, in addition
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to distributing revenues to member states, the Authority should
also provide for the transfer of technology to the developing
countries. Tunisia has indicated support for U.S. proposals on
compulsory dispute settlement provisions, but has not yet taken
a formal stand.
Tunisia feels that the sovereignty of the coastal state
should extend to the governing of scientific research in the
economic zone, and that explicit state consent be a prerequisite.
Conditions under which foreign research would be permitted would
include scientific and technological cooperation with the
coastal state. The control and prevention of pollution in the
economic zone should also rest with the coastal state in Tunisia's
opinion. Tunisia believes that international regulations to
control pollution are insufficient by themselves, and must be
coordinated with local and regional rules.
B. FACTORS INFLUENCING LOS POLICY
Special Geographic Features
Tunisia's location near the center of the Mediterranean Sea
coastline historically has involved it in regional affairs, and
it remains today a crossroads between Europe, Africa, and the
Middle East. Intensive maritime activity is recorded off its
northern and eastern coasts, which total some 710 statute miles.
Tunisia shares an extensive area of continental shelf/margin
with Libya, Malta, and Italy; the continental shelf off the
eastern coast out to the 200-meter isobath is particularly wide.
In view of its limited onshore mineral resources, Tunisia is
especially interested in the development of potential maritime
assets.
Uses of the Sea
Mineral Resources -- Tunisia, for the past several years, has
been encouraging foreign oil companies -- French, Italian, and
U.S. -- to step up petroleum exploration operations in both its
onshore and offshore sites. The area under permit for exploration
increased from 70,000 square statute miles in 1972 to over 74,000
square statute miles at the beginning of 1974, with just over half
this total located in offshore areas. Some of the offshore licenses
are for areas extending well beyond the 200-meter isobath in areas
where juridical status has not yet been established. Although
offshore production is just getting started, there were proved
recoverable oil reserves of 15 million metric tons as of the end
of 1973, with good prospects of higher yields as a result of con-
tinuing exploration. There are no known offshore gas deposits.
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Living Resources -- Despite Tunisia's long coastline, fishing
is not an iiiiporran 'economic activity. Fishing provides a l i'.'eli-
hood for only about 2'/ of the nation's labor force. Production
amounts to only about 1 of the GNP and fish exports account for
only about 1/ of the value of all exports.
However, at the 1974 Caracas session of the LOS Conference,
a government spokesman stated that because of Tunisia's limited
resources the country is now concentrating on fishing -- along
with agriculture -- for national development. With assistance
from several European countries, the United States, and the UN,
the Tunisian Government is attempting to expand coiinnercial fishing,
and production has increased gradually in recent years. Tunisia's
current development program gives emphasis to the d 'elopment
of fisheries, including the training of personnel aJ the
establishment of necessary industrial, port, and transport facili-
ties. Steps are being taken to modernize the fishing fleet to
include some refrigerated oceangoing vessels. As of now,
all Tunisian fishing is coastal and is carried out from some
4,000 small wooden craft, mostly nonmotorized. Principal fish
products are sardine, bream, tuna, and mollusks. Surveys indicate
that there are substantial unexploited fisheries off Tunisia's
northern coast; eastern coast areas are more heavily fished and
bottom fishing there is generally poorer although there is
seasonably good pelagic fishing.
Deep Seabed Capabilities and Interests -- Having no techno-
logical competence of its own in this field, Tunisia is a staunch
advocate of a strong international regime with extensive powers
for the exploitation of deep seabed resources and the distribution
of derived revenues, with particular regard for the needs of
developing countries. Tunisia also looks to the international
regime for the transfer to developing nations of significant
technology related to the various fields of marine science and
exploitation. Overall, the issue of the international Authority
for the deep seabed is one of Tunisia's principal LOS interests.
Marine Transportation -- Tunisia has a modest government-
owned merchant fleet but relies heavily on foreign shipping
for most of its maritime export-import trade. As of 1974, the
fleet consisted of 9 cargo ships and 1 tanker. Further expansion
is planned. The fleet is operated by the government-controlled
Tunisian Navigation Company, which is also responsible for the
management of merchant marine matters, including the chartering
of foreign-flag vessels. Although the government provides
training facilities for both officer and crew personnel, the
country is largely dependent on foreign seafaring personnel to
man its merchant ships.
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Tunisia has four major ports -- Bizerte, Tunis, Safaqis (Sfax),
and Susah -- and 14 minor ports. The ports are administered on the
national level by the Ministry of Public Works, and are adequate
to meet normal requirements.
Naval and Air Transportation Considerations -- Tunisia's navy,
comprising some 2,000 men and about 20 small craft, essentially
is a coast guard-type organization. Although ineffective as a
combat force, it is capable to some extent of performing such
missions as patrolling the coastline, enforcing customs regula-
tions,-and protecting territorial fishing rights. The navy is
French oriented, and its ships are mainly of French origin.
Tunisia's air force has been slow to develop because of the
expense and complexity of equipment. It numbers less than 100
planes, including some F-86 jet fighters from the United States,
and over 2,000 personnel. The air force is not capable of
providing air defense and tactical air support to ground force
operations, and remains essentially a training force. Tunisia
also has a small scheduled air carrier -- Tunis Air -- with
flights to some 14 cities in Europe and North Africa.
Political and Other Factors
Tunisia follows a moderate and nonaligned foreign policy,
maintains good relationships with the West, and is well-disposed
toward the United States. Tunisia has been a moderating influence
among the developing countries as regards LOS issues, although
it is mindful of the importance of maintaining solidarity with
this group. Aside from its own pragmatic interests, Tunisia's
thinking concerning LOS matters is shaped by its status as a
Mediterranean nation, as an Arab state, and as a member of the
Organization of African Unity. Tunisia's foreign policy currently
places considerable emphasis on com^iunity of interest and coordina-
tion among the Mediterranean states, both African and European.
C. LAW OF THE SEA POLICY
Territorial Sea
Tunisia favors international agreement on a 12-mile
territorial sea, having extended its own jurisdiction to that
distance in August 1973. Prior to that, Tunisia (since 1963)
had claimed a 6-mile limit with an additional 6-mile exclusive
fishing zone. In November 1963 Tunisia issued a decree
establishing the baselines from which its territorial sea is
measured. A dispute remains with Libya over sea boundaries,
Tunisia claiming a delimitation line that runs at a 45? angle
from the land border, and Libya insisting on a somewhat larger
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offshore area. This disagreement, as in the case of a shelf
delimitation dispute settled with Italy in 1971, assumes
particular importance because of potential petroleum deposits
in the areas involved.
Straits
Tunisia has been subject to diverse and contradictory
influences on the straits issue over the past several years.
As recently as 1972 Tunisia was unsympathetic to the U.S.
position on straits. Its stand at that time stemmed primarily
from political considerations involving the Arab consensus on
Suez, and the concept among Mediterranean nations of making
the Mediterranean a "Lake of Peace." Although in private Tunisia
accepted the presence of the U.S. Sixth Fleet in the Mediterranean,
it seemed politic to support the principle of "innocent passage"
for Gibraltar and other international straits rather than "free
transit." Even then, however, Tunisia sought to be helpful to
the United States, exercising a moderating influence among the
developing countries and urging the United States to develop
alternate language for the phrase "free transit" so as to facili-
tate a compromise settlement.
Prior to the 1974 Caracas session Tunisian LOS expert Kedadi,
expressed the view to U.S. officials that the recent Nairobi
meeting of LDCs had revealed a marked evolution of the position
of at least some members of the Group of 77 on the straits transit
issue. The proposal acceptable to several members (including
Morocco, Egypt, and Yemen) drops the use of the "innocent passage"
formula in favor of one that calls for the establishment of
"objective criteria" on transit rights so as to provide maximum
freedom of navigation on the one hand, while protecting essential
interests of straits states on the other. Kedadi felt that it
was promising that even those countries formerly most committed
to "innocent passage" were now willing to consider new formulas.
As for Tunisia's own position on straits, Kedadi said that his
country was inclined to act in solidarity with other developing
nations.
Kedadi's statements at Caracas were in the same vein. While
expressing understanding of the importance of straits as inter-
national traffic routes, he sympathized with the desire of
straits states for assurances that such passage would not be
harmful to their security or well-being. Thus, he could see
their point in supporting the principle of innocent passage. To
resolve the straits problem, Kedadi proposed that the conference
establish objective rules and criteria defining the nature of
international passage. Such criteria should be designed to
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ensure the security of straits states and the protection of the
marine environment while facilitating international navigation.
Another Tunisian delegate at Caracas privately expressed the
view that the positions of most countries on the straits issue
were merely negotiating positions, i.e., they want to see how
far the United States will go on the economic zone, and then
they will concede free passage.
Regime of Islands
Tunisia feels that the LOS Conference should pay particular
attention to the problem of islands. Its position is that
existing LOS doctrine relating to islands, as stated in the 1958
Geneva Conventions, contains only vague and incomplete provisions
giving rise to many disputes because of conflicting interpretations
by interested parties. At Caracas, the Tunisian delegation also
noted that the 1958 Conventions offer only a weak definition of an
island and grant islands the same rights as continental landmasses.
Although Tunisia feels that island states and archipelago states
should have the same maritime rights as coastal states, it
ridicules the notion that tiny, deserted islands should enjoy
similar advantages. Tunisia contends that the existing situation
is detrimental to the developing countries, which did not partici-
pate in the 1958 Geneva Conference and for the most part do not
possess any islands. Moreover, Tunisia argues that the exaggerated
claims of countries possessing islands now pose even more of a
threat to the interests of landlocked and other geographically
disadvantaged states because of the projected adoption of a 200-
mile economic zone.
At Caracas, Tunisia noted that it had always supported the
theory that maritime space claimed by islands should be established
in accordance with objective criteria in order not to overly reduce
the size of the international area. In this connection, Tunisia
feels that it is essential to draw up a logical classification of
various categories of world islands -- excepting insular and
archipelago states -- to permit an equitable determination of
the marine space to be allocated to a given island or group of
islands. Such classification would take into account all
relevant factors such as size, population, geographic location,
geological structure, history, etc. Tunisia cosponsored a draft
article along these lines at the July 1973 session of the Seabed
Committee and at the June-August 1974 Caracas session of
the LOS Conference (see Annex). Included in the Caracas draft
article is the provision that in the event of the presence of
nonadjacent islands, this shall not necessarily be the sole
determinant in the delimitation of marine spaces between adjacent
or opposite states. Tunisia has had firsthand experience in this
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sort of thing. A long dispute with Italy over the delimitation
of the continental shelf was finally resolved in 1971 when Italy
gave up its claim to an equidistant line based on the presence
of some small Italian islands off Tunisia's northern coast. As
part of the settlement, Tunisia did grant Italy jurisdictional
zones of 12 and 13 miles around the islands in question, but
stipulated that such zones not only constituted the limits of
the territorial waters of the islands but the limits of their
continental shelf rights as well.
Archi pelagos
Tunisia endorsed the concept of the archipelagic state at
Caracas in 1974 but noted that its support was subject to the
adoption of an acceptable definition. In this connection, a
Tunisian delegate noted that Tunisia favors the most simple
definition of an archipelagic state as one made up of several
islands whose baselines constitute the applicable baselines
for the state. In any case, Tunisia favors limiting the applica-
tion of this concept to archipelagic states and not to coastal
states with island groups. A Tunisian spokesman also noted at
Caracas that the concept of the archipelagic state was designed
primarily to strengthen the geographic, economic, and political
unity of a country, and that Tunisia supported such a legitimate
objective. However, he warned that in promoting the concept of
the archipelagic state, care must be taken to prevent the creation
of any new implications that might affect the fundamental concepts
of existing international law that had established a reasonable
balance between the mutual rights and obligations of states.
Delimitation and Demarcation
At Caracas, Tunisia and Kenya sponsored a draft article
on the delimitation of the continental shelf and of the economic
zone (see Annex). The thrust of this article is that the median
or equidistance line should not necessarily be the only method
of delimitation between opposite or adjacent states, but that
account should also be taken of geological and geomorphological
criteria, as well as of all special circumstances. In this
connection, Tunisia feels that the exploitability of depth
criteria included in the 1958 Geneva Convention is unsatis-
factory for delimitation purposes. Moreover, Tunisia opposes
the use of outlying small islands in fixing baselines for off-
shore boundaries, preferring the use of mainland coasts as
basepoint~,,. Tunisia stuck to this principle in winning a long
dispute with Italy in 1971 over the delimitation of the coastal
shelf between them; the equidistant line was finally drawn
between the Tunisian and Sicilian coasts rather than halfway
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between Tunisia and several small Italian islands lying well off
the coast of Sicily. In any such dispute over delimitation,
Tunisia feels that bilateral agreement must be achieved -- not
imposed from without -- and that unreconcilable differences
should be settled in conformity with the UN Charter and any
other relevant regional arrangements.
Historic Waters
From the beginning of the preparations for the LOS Conference
Tunisia has indicated its concern with "historical waters." The
Gulf of Tunis is regarded by Tunisia as internal waters. In
addition, there is a possible similar claim to the Gulf of Gabes
along Tunisia's eastern coast. Responding in 1972 to a U.S.
inquiry that sought clarification of Tunisia's territorial sea
claims, Tunisia noted that it "maintains its position on the
maritime zone of the Gulf of Gabes, which it considers to be
historical waters." Therefore, in any consideration of the
breadth of the territorial sea Tunisia has urged that related
matters be included, particularly the juridical status of
historic waters.
Coastal State Jurisdiction Beyond the Territorial Sea
Tunisia's views on coastal state jurisdiction conform with
the position taken by the Organization of African Unity. At the
1974 Caracas session of the LOS Conference, Tunisia reaffirmed
its support for the concept of an economic zone of no more than
200 miles, in which the coastal state would have the exclusive
right to exploit renewable and non-renewable resources. Tunisia
feels that the sovereignty of the coastal state in such a zone
should extend to the exploration and exploitation of the natural
resources of the sea as well as of the seabed and subsoil, to-
the control and prevention of pollution, and to the regulation
of scientific research. On the other hand, Tunisia stipulates
that freedom of navigation, overflight, and the laying of pipe-
lines and cables must be guaranteed in the economic zone. At
Caracas, Tunisia associated itself with several other developing
nations in sponsoring a draft article on the exclusive economic
zone (see Annex).
The head of the Tunisian delegation at Caracas, Ambassador
Kedadi, noted that under the terms of the 1958 Geneva Convention
Tunisia could claim a continental shelf that could extend well
beyond 200 miles in certain parts, since the shelf is wide and has
a particularly gradual slope. Tunisia had not done so, he said,
because it considers such claims to be unreasonable on both legal
and moral grounds. Kedadi claimed that the provisions of the 1958
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Geneva Convention on the Continental Shelf favored a few tech-
nologically advanced countries to the detriment of the interests
of the developing countries. He suggested that since the principle
of the common heritage of mankind was now accepted, the situation
should be changed to provide a more equitable balance and to
establish more harmonious relations among states. Kedadi urged
countries claiming a continental shelf of over 200 miles to modify
their position and adopt a conciliatory attitude toward the pro-
posed international Authority. He noted that it was importai-,i,
to ensure that the Authority have sufficient resources Lto enable
it to accomplish its mission.
Fisheries
Tunisia supports the concept of exclusive sovereign rights
of coastal states in relation to the management and exploitation
of fish resources within offshore jurisdictional limits. It
rejects the principle of de jure fishing rights for third
countries in the projected economic zone. However, in order to
ensure maximum rational exploitation, Tunisia expressed its
readiness at Caracas to enter into agreements with other countries
to form joint fishing companies. It was suggested by the Tunisian
delegation that such cooperation could be extended on a regional
basis by means of strengthening or reorganizing existing fishing
organizations. In the case of advanced countries, the right to
engage in fishing in the economic zone should be linked to the
transfer of technology and technical assistance.
Along part of its coastline, Tunisia has already established
a 50-meter isobath exclusive fisheries zone. It does, however,
have agreements with Italy and Spain giving these countries
certain fishing rights in Tunisian waters. The Tunisian delega-
tion at the 1974 Caracas session of the LOS Conference noted that
even though Tunisia has legislation in force to prevent irrational
exploitation of its fishery resources, the country has experienced
considerable difficulty in enforcing those laws on foreign fishing
fleets. That is one of the reasons Tunisia attaches such impor-
tance to the concept of the exclusive economic zone.
At the same time, Tunisia is aware of the concerns of
landlocked and geographically disadvantaged countries as regards
exploitation of the living resources of the sea. A Tunisian
spokesman at Caracas said that in the case of such African
states, the Organization of African Unity should provide the
institutional framework for developing regional, subregional,
and bilateral agreements. The spokesman cautioned, however,
that any hasty or insufficiently thought-out decision concerning
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facilities to be granted to landlocked or geographically dis-
advantaged countries could lead to confusion. For example,
there is question whether a coastal state that had exhausted
its resources through bad management would be regarded as geo-
graphically disadvantaged and whether a rich landlocked country
should be entitled to share the fish resources of an adjacent
coastal state that depends heavily on fishing, without any
compensation to or control by that coastal state. Such matters
have to be resolved.
Even though Tunisia part-;cipated actively in the debate on
fisheries at Caracas, the delegation leader, Ambassador Kedadi,
had expressed the opinion just prior to the conference that
eventually the question of fisheries within the economic zone
probably would be removed from the LOS and be covered by a
separate fisheries resources convention.
Deep Seabed
At Caracas, Tunisia reaffirmed its support for the concept
of the common heritage of mankind, and noted that this basic
principle should govern the decisions of the LOS Conference on
such questions as the extent of the international zone, the
powers of the international Authority, and the means of sharing
the benefits of the exploitation of deep seabed resources.
Tunisia said that it would support any step taken to prevent a
reduction in the size of the international area, without prejudice
to the legitimate rights of coastal states. In this connection,
Tunisia agrees to the concept of an economic zone of no more than
200 miles, and is particularly anxious that objective criteria be
applied to the question of maritime space claimed on behalf of
islands so as not to diminish the size of the international area.
Tunisia endorses a strong international Authority with exten-
sive powers for the deep seabed area. In addition to having the
right of direct exploitation of the seabed resources, these
powers would include the distribution of benefits, conservation
of biological resources, application of pollution prevention
regulations, management of scientific research activities, main-
tenance of peace and order, and arbitration of disputes. The
Authority should also provide financial and technical assistance
to developing countries, and distribute revenues directly to
member states in accordance with approved criteria. Training of
personnel from developing countries should be aimed at enabling
them to participate in all stages of management, exploration,
exploitation, and the marketing of seabed resources. Tunisia
feels that developing countries can only become effective in
seabed exploitation by being associated with the advanced nations
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in this fi::ld. Tunisia supports the suggestion that such bodies
as the International Oceanographic Commission, UNESCO, FAO, and
the Inter-Governmental Maritime Consultative Organization should
intensify their training programs in this field, and make greater
provision for nationals from developing countries.
Tunisia holds that the designation of the resources of the
deep seabed as being the common heritage of mankind means that
the international Authority should not permit exploitation by
individual interests, that all states have the right to
participate, and that all nations are entitled to a share of
the benefits -- with special attention given to the needs of
the developing countries. It contends that exploitation based
on licenses would benefit only individual interests to the
detriment of the international community.
Tunisia's views on the structure of the proposed international
Authority also reflect its suspicions of the motives of the ad-
vanced nations. Tunisia advocates an Authority composed of the
following bodies: a general assembly -- which would make the most
important decisions -- comprising a universal, equal membership;
an executive council responsible to the assembly and faithfully
reflecting that body's composition; an operational body
exclusively responsible for the exploration and exploitation of
seabed resources and other management functions; an administrative
secretariat; and a body responsible for the settlement of disputes.
The operational body must be flexible enough to allow for the
development of technology and to progress from the phase of
cooperation and indirect exploitation to that of direct and even
exclusive exploitation.
Pollution
Tunisia is particularly interested in the preservation of
the marine environment because of the intensive maritime trade
and growing oil drilling activities in the Mediterranean.
Tunisia has actively participated in recent regional and
international conferences on environmental matters. The
Tunisian delegation at the 1974 Caracas session described the
problem of pollution in the Mediterranean as reaching "alarming
proportions," and stated that Tunisia's fisheries and infant
tourist industry needed protection. To attack the problem,
Tunisia endorses stringent remedial measures, and argues that
those responsible for pollution should bear the brunt of the
cost -- an indication perhaps of support for a double standard
approach to pollution control measures. Tunisia feels that
international rules for pollution control are not sufficient;
national and regional measures are also required and all such
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measures must be coordinated. But despite the ;seriousness of
vessel-source pollution, Tunisia affirmed its support at
Caracas for freedom of navigation so long as there is no threat
to the ecology, fisheries, or sovereignty of the coastal state.
Tunisia takes the stand that the sovereignty of the coastal
state extends to the control and prevention of pollution in the
proposed economic zone. Coastal states should be authorized to
apply the provisions of international conventions to ships in
their harbors, whatever the area in which the violation was
committed. This would require a redistribution of authority
between coastal states and the various international and
regional bodies dealing with the protection of the marine
environment.
Research
Tunisia supported Pakistan's proposal at Caracas that would
require researchers to receive explicit coastal state consent
before conducting research in the state's economic zone. In
August 1973 it had associated itself with several other nations
in sponsoring a draft article to the Seabed Committee on this
subject (see Annex). Tunisia also claimed at Caracas that the
sovereignty of the coastal state extended to the making of
regulations governing scientific research in the economic zone.
Other countries could be authorized to carry out basic or applied
scientific research under reasonable conditions, such as
scientific and technological cooperation with the coastal state,
including direct participation of the state's nationals in the
research and coastal state receipt-of research results. Tunisia's
great interest in the matter of transfer of ocean technology
from the advanced nations to developing countries led it to
cosponsor a draft article on this subject at the 1974 Caracas
session of the LOS Conference (see Annex).
D. KEY POLICY MAKERS, LOS NEGOTIATORS AND ADVISERS
Ultimate authority in the Republic of Tunisia lies with
President Habib Bourguiba who undoubtedly is concerned with the
broad political and economic implications of Tunisia's LOS
policies. While Foreign Minister Chatti has responsibilities for
overall policy decisions on the LOS, the key man in the
government on LOS technical matters is Ambassador Moncef Kedadi
of the Foreign Ministry. Tunisia relies heavily on his
expertise in formulating its LOS policies, and Kedadi enjoys
wide latitude in dealing with these matters. Kedadi has
participated actively in all sessions of the Seabed Committee
since 1971 and has served as a vice president of the Third LOS
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Conference at the 1974 CcssiAn~eSwhere he ponsibleaspokesman~ as
leader of the Tunisian delegation.
task
Kedadi seems dedicated he
regard hg hasuprovedutoobe a
come to the LOS negotiat o
helpful, moderating influence among the developing countries.
Influential o nt Ois Molrsicy at
JaouidaeTnank,*palsoeof thehForeign
Tunisian Goverr~me
Ministry. Mrs. Tnani has been the point of contact for the
U.S. Embassy on LOS matters.
Tunisia attaches considerable importance
o theaLO ,and
there appears to have been thorough preparation
group representing the various concerned interests
in the government.
officiCoals
the Third UN Tunisian
The following listing sessionsofthose
attended the 1974 Caracas
the organizational session fmothe re ofConference
preparatoryYorks essions
December 1973, and/or one or
for the Conference:
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* See hollowing pages for biographic sketch.
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Name and Title
Hassen ABBAS
Counsellor
Permanent Mission to the UN
Mahmoud ABDELH.ADI
Public Works Engineer
District Chief for the Management
of Fishing
Ministry of Agriculture
Slaheddine ANNABI
Secretary of the Embassy
Permanent Mission to the UN
Amor ARDHAOUI
Assistant Permanent Representa-
tive to the UN
Abderrazak ATTIA
Secretary of the Embassy
Ministry of Foreign Affairs
M. BACHROUCH
Secretary of the Embassy
Hachen BEN ACHOUR
Attache of the Embassy
Permanent Mission to the UN
*Habib BEN ALEYA
Director of Fishing Development
Ministry of Agriculture
Mohamed BEN KHEDER
Director of Fishing
Ministry of Agriculture
* See following pages for biographic sketch.
Jul. Feb Jul Mar Jul
Aug l Marl Aug l Apr l Aug
71 72 72 73 73
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Seabed Committee Session
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Name and Title
Slim CHELLI
Cabinet Attache in the Ministry
of National Economy
Habib CHERIF
Counsellor to the Ministry of
National Economy
Ahmed CHOUAYAKH
Chief for the Regulation of
Fishing in the Ministry of
Agriculture
Brahim DOUIK
Rachid DRISS
Ambassador Extraordinary and
Plenipotentiary
Permanent Representative to
the UN
Mohamed Larbi FAYACHE
Secretary of the Embassy
Permanent Mission to the UN
Seabed Committee Session
Jul
Mar Aug
71 71
Feb
72
Third
LOS Conf.
Jul Mar Jul
Aug Apr Aug Dec
72 73 73 73
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Khelifa KAROUI
Counsellor in the Ministry of
National Economy
*Moncef KEDADI
Ambassador
Ministry of Foreign Affairs
President of the Delegation to
Caracas
See following pages for biographic sketch.
Jun-
Aug
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Mohamed Salah LEJRT.
Secretary of the Embassy
Permanent Mission to the UN
Mohamed Mouldi MARSIT
Chief of Service
First Ministry
Amor ROUROU
Counsellor of the Ministry of
National Economy
Abdelaziz SAHBANI
Lieutenant Commander
Ministry of National Defense
Mar
71
Jul
Aug
71
Feb
Mar
72
Jul
Aug
72
Mar
Apr
73
Jul
Aug
73
Dec
73
Jun-
Aug
74
X
X
X
x
x
X
x
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Third
Seabed Committee Session LOS Conf.
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25X6
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TUNISIA
Part II - Background Information
Geography
World region: Africa
Category: coastal
Bordering bodies of water: Mediterranean Sea, Khalij al Hammamat
(Gulf of Hammamat), Gulf of Tunis, Gulf of Gabes
Bordering semienclosed sea: Mediterranean Sea
Area of continental shelf: 14,800 sq. mi. shared with Libya, Malta,
Italy
Area to 200 mi. limit: 25,000 sq. mi. shared with Libya, Malta,
Italy
Area to edge of continental margin: 25,000 sq. mi.
Coastline: 710 statute mi.
Land: 63,400 sq. statute mi.
Population: 5,711,000
Industry and Trade
GNP: $2.2 billion (1973 est.); $400 per capita
Major industries: tourism, mining, food processing, textiles and
leather, light manufacturing, construction materials, chemical
fertilizers, petroleum
Exports: $326 million (f.o.b., 1973); 28% petroleum, 149 phosphates,
280 olive oil, 30% other
Imports: $608 million (c.i.f., 1973); 369 raw materials, 239
machinery and equipment, 149 consumer goods, 199 food and
beverages, 3% energy, 5% other
Major trade partners: exports -- France 199, Italy 199, West
Germany 139, Libya 109; imports -- France 369, U.S. 159, Italy
9?/,, West Germany 79 (1971)
Merchant marine: 12 ships (1,000 GRT or over) totaling 37,000 GRT;
includes 9 cargo, 1 tanker, 2 specialized carrier
Marine Fisheries
Catch: 28,100 metric tons (1972)
Economic importance: insignificant, but constituting a small
supplement to the Tunisian economy; government is emphasizing
expansion of fishing industry
Ranking: eighth largest in Africa
Nature: coastal, no distant-water capability
Species: bream, sardine, tuna, crustaceans
Marine fisheries techniques: predominantly artisanal activities,
but some modernization as a result of foreign aid
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SECRET
Petroleum Resources
bbl .
Ilion 42 gal.
_ 31.6 mi e reserves --
resources: production - proved recoverabl information
Petroleum metric tons) onshore- Ilion metric tons);
14.1 million al. bbl. (130 mi established
offshore reserves
1,000 million 42 g e'
on onshore reserves not rted6 (19d (197 billion cubic feet of which 54.7
roduction not sta2meters)
but p 7 billion cubic cubic
Natural gas: production -.) flared (1? billion
cubic feet (est. -- 1,505
billion roved recoverable reserves -1972)
onshore; proved meters) onshore
feet (43 billion
Navy
patrol escort, 1 large
estroyer escort, 1 puo 4 motor
Ships: 1 radar picket guided missile motor g l auxiliary
gunb tal minesweeper,
submarine chaser, 1 coas
oats, 6 patrol boats,
Government Leaders
President: Habib Bourguiba
Prime Minister: Hedi Nouira Foreign Minister: Habib Chatti
Conventions
Multilateral Sea (Bolas),
the Safety of Life at November 23,
Conventions nests to the Convention, 23, 1971.
International 1966 Ame November Traffic,
May 20, 1963. the Convention, Maritime
1971. 1967 Amendments to of International
Convention on Facilitation August 23, 1966.
Council
January 27, 1969. on Load Lines, ies
Convention a General Fisher
International the Establishment 2of 1954.
Agreement for ean, June for for the Mediterran May 26, 1965. 1971.
Nuclear Test Ban Treaty, October 29,
Seabed Arms Limitation Treaty,
May 23, 1963.
IMCO Convention,
Bilateral Conventions
Sign 20, 1971.
ed August 8, 1971.
Fisheries Agreement. ed September
Italy_Tunisia. Agreement. Sign the Continental
Libya-Tunisia. Fisheries the Boundaries of
Italy-Tunisia. Agreemen20on1971.
Shelf. Signed August
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Present Ocean Claims*
't'ype
Date
Terms
Source, Notes
Territorial
1951
3 mi.
Beylical Decree July 26,
Sea
1951 in Tunisian Official
Journal July 31, 1951
From Ras Kapoudia to the
Libyan frontier, follows
50-meter isobath
1962
6 mi.
Law 62-35, Tunisian Official
Journal 53, Oct. 12-1G, 1962
1963
6 mi.
Law 63-49, Tunisian Official,
Journal No. 60, Dec. 31, 1963
Above eliminated from
territorial sea
Continental
1973
12 mi.
Law 73-49, Aug. 2, 1973
Shelf
Italo-Tunisian Continental
Shelf Boundary Agreement of
Aug. 20, 1971
Exclusive
1951
Beylical Decree July 26, 1951
Fishing
in Tunisian Official Journal
50 meters of water depth
(maximum-65 mi.)
1962
12 mi.
Law 62-35, Tunisian Official
Journal 53, Oct. 12-16, 1962
The Tunisia/Italy Agreement
concerning fishing by
Italian vessels in Tunisian
waters of Feb. 1, 1963.
(terminated Dec. 31, 1970),
extended Aug. 20, 1971
according to Agreement of
Feb. 1971.
Libya/Tunisia Fishing Agreement
of September 8, 1971
* Principle Source: Limits of the Seas, National Claims to
Maritime Jurisdictions, 2d Revision, State Dept./INR, April 1974
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SECRET
Action on Significant UN Resolutions
Moratorium Resolution
(A/RES/2574 D, 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
(A/RES/2750 C, XXV, 12/17/70)
Convene in 1973 a Conference on Law of the Sea
to deal with establishment of international
regime for the seabed and ocean floor, and
enlarge Seabed Committee by 44 members and
instruct it to prepare for the conference draft
treaty articles embodying international regime.
LOS Conference, Timing and Site Adopted w/o vote
(A/RES/3029 A, XXVII, 12/18/72)
Indian Ocean as a Zone of Peace
(A/RES/2992, XXVII, 12/15/72)
Called upon littoral and hinterland states of
Indian Ocean area, permanent members of the
Security Council and other major maritime users
of Indian Ocean to support concept that Indian
Ocean should be zone of peace.
Landlocked/Shelf-Locked Study Resolution
(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
(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 XXVII, 12/18/72)
Reaffirmed right of states to permanent sovereignty
over all their natural resources, wherever found.
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. ..:. _ . , .
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Membership in Organizations Related to LOS Interests
Arab League
EC (association until 1974)
FAO .......................... Food and Agriculture Organization
IAEA ......................... International Atomic Energy Agency
IBRD International Bank for Reconstruction
and Development
ICAO ......................... International Civil Aviation Organization
IDA International Development Association
(IBRD Affiliate)
IFC . ........................ International Finance Corporation (IBRD
Affiliate)
ILO .......................... International Labor Organization
IMCO ......................... Inter-Governmental Maritime Consultative
Organization
IMF .......................... International Monetary Fund
ITU ......................... International Telecommunications Union
OAU .......................... Organization of African Unity
Seabed Committee ............. United Nations Committee on the Peaceful
Uses of the Seabed and Ocean Floor
beyond the Limits of National Jurisdic-
ti oil
UN .. United Nations
UNESCO ....................... United Nations Educational, Scientific,
and Cultural Organization
UPU .......................... Universal Postal Union
WHO ........................ World Health Organization
WMO .......................... World Meteorological Organization
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UNITED NATIONS
GENERAL
ASSEMBLY
COMMITTEE ON THE PEACEFUL USES OP THE
SEA-BE) Al D THE OCEAN PL0011 BEYOITD
THE LIMITS OF NATIONAL JUIIISDICTION
SUB-CO?I-112TEE III
Dintr.
LIMITF'J)
A/AC.).30/SC.III/L.55
17 Augunt 1973
Originals E NGLISII
Algeria, Brazil, Chinn, Ethiopia, Egypt, Iran,
Kenya, Pakistan, Peru, Philippines, Romania,
Somalia, Trinidad and Tobago, Tunisia, Yu(onlaviat
Draft article on consent to conduct marine
scientific research
Whenever, according to this Convention, the consent of a coastal State is requested
for undertaking marine scientific research in the areas under its sovereignty and
national jurisdiction the explicit consent of that State shall be obtained before
such activity is undertaken.
i
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ANNEX 5 ---
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3.
ie
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.62/Rev.1
27 August 1974
EIIGLISII
ORIGINAL: FRENCII
SECOND CObII'1ITTEE
St Liberia Madagascar Mali,
Algeria, Dahome Guinea Ivor' COB
sia, Uper Volta
hieuritania, 6lorocco Sierra iecne, Sudan,_Tuni
and Zambi: draft a._ticles on i~:em 19. R6R~e of islands
above water at high tide.
2. ILn islet is a smaller
above water at high ti& .
Article I
1. Ar island is a vast nature?l;r formed area of land, surrounded by water, which is
re,tureJ.1Y formed area of land, surrounded by water, which is
A rocl: is a naturally formed pocky
above water at hirh tide.
elevation of ground, surrounded by water, which
adof land which is surrounded by
4. A low-tide elevation is a naturally formed area
and above water at by tide but submerged at high
5. An islend, islet, rock or a low-ti%e elevation are considered as adlacent when
they are situated in proximity of the coasts of the State to which they belong.
6. An =gland, islet, rock or a low-tide e]evation are considered as non-ad1acent when.
they are not situated in the prcximitY of the coasts of that State to which they
Article I:{ rocks and
-ti 1. The baselines applicabl^ to adjac5.0 ,asdthelbaselines applicable todthee
in accordance with article I; are considered
which they belong and consequently are used in the measurement of the marine spaces of
that State.
2. The marine spaces of is1C?ids considered non-adjacent, in accordance vith
paragraphs 1 aRd 6, shall be nelimited cn the basis of relevant factors taking into
account equitable criteria.
0-1943
UNITED NATIONS
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A/cont. 62/C.2/L.62/Rev.1
English
Page 2
3. These equitable criteria should notably relate to:
- the size of these naturally formed areas of land;
- their geographical configuration and their geological and gcomorphological
structure;
- the needs and interests of the population living thereon;
- the living conditions which prevent a permanent settlement of population;
- whether these islands are situated within, or in the proximity of, the
marine space of another State;
- whether, due to their situation far from the coast, they may influence the
equity of the delimitation.
4. A State cannot claim jurisdiction over the marine space by virtue of the
sovereignty or control which it exercises over an islet, rock or low-tide elevation
as defined in paragraphs 2, 3, 4 and 6 of article I.
5. In accordance with paragraph 4 of this article, safety zones of reasonable breadtt
may nevertheless be established around such islets. rocks or low-tide elevations.
Article III
1. In accordance with the provisions of article I, paragraph 6, and article II,
paragraphs 2 and 3, the delimitation of the marine spaces between adjacent and/or
opposite States must be done, in the case of presence of islands, by agreement
between them according to principles of equity, the median or equidistance line not
being the only method of delimitation.
2. For this purpose, special account should be taken of geological and
geomorphological criteria, as well as of all other special circumstances.
Article IV
1. The provisions of articles I and II shall not apply either to insular or to
archipelagic States.
2. A coastal State cannot claim rights based on the concept of archipelago or
archipelagic waters by reason of its exercise of sovereignty or control over a group
of islands situated off its coasts.
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A/CONF.62/C.2/L.62/Rev.1
English
Page 3
Article V
Concerning islands under colonial domination, racist regime or foreign occupation,
the rights to the maritime spaces and to the resources thereof belong to the inhabitants
of those islands and must profit only their own development.
No colonial or foreign or racist Power which administers or occupies those islands
shall exercise those rights, profit from them or in any way infringe upon them.
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y . ~.t
UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.26
30 July 1974
ENGLISH
ORIGINAL: FRENCH
KENYA AND TUNISIA: DRAFT ARTICLE ON THE DELIMITATION OF THE CONTINENTAL
SHELF OR THE EXCLUSIVE ECONOMIC ZONE
Item 5.3: Question nf the delimitation between States; various
aspects involved
Item 6.7.2: Delineation between adjacent and opposite States
1. The delimitation of the continental shelf or the exclusive economic zone bc.twemn
adjacent and/or opposite States iaust be done by agreement between them, in accordance
with an equitable dividing line, the median or equidistance line not being necessarily
the only method of delimitation.
2. For this purpose, special account should be taken of geological and geomorphological
criteria, as well as of all the special circumstances, including the existence of islands
or islets in the area to be delimited.
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
SECOND COMMITTEE
Distr.
LIMITED
A/CONI'.62/C.2/L.62
26 August 1974
Ghana, Ivory Coast, Kenya, Lesotho, Liberia, Libyan Arab Republic,
Madagascar, Mali, Mauritania, Morocco, Senegal, Sierra Leone, Sudan,
Swaziland, Tunisia, United Republic of Cameroon and United Republic
of Tanzania: draft articles on the exclusive economic zone
Article I
A coastal State has the right to establish beyond its territorial sea an Exclusive
Economic Zone which shall not exceed 200 nautical miles from the applicable baselines
for measuring the territorial sea.
Article II
(1) In the Exclusive Economic Zone a coastal State shall have sovereignty over the
living and non-living resources. It shall have sovereign rights for the purpose of
regulation, control, exploration, exploitation, protection and preservation of all living
and non-living resources therein.
(2) The resources referred to in (1) of this article, shall encompass the living
and ncn-living resources of t1?e water column, the sea-bed and the subsoil.
(3) Subject to article VI, no other State has the right to explore and exploit the
resources therein without the consent or agreement of the coastal State.
Article III
A coastal State shall also have exclusive jurisdiction within the Exclusive Economic
Zone,.inter alia, for the purposes of:
(a) Control, regulation and preservation of the marine environment including
pollution control and abatement;
(b) Control, authorization and regulation of scientific research;
(c) Control and regulation of customs and fiscal matters related to economic
activities in the zone.
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A/CON-r. 62/C.2/L. fit
English
Page 2
Article IV
A coastal State shall have the exclusive right to make and enforce regulations
relating to, inter alia, the following:
(a) The authorization and regulation of drilling for all purposes,
(b) The construction, emplacement, operation and use of artificial islands and
other installations;
(c) Establishment and regulation of safety zones around such off-shore islands and
installations;
(d) The licensing of fishing vessels and gear;
(e) Closed fishing seasons
(f) 'Types; sizes and amount of gear; and numbers, sizes and types of fishing
vessels;
(g)
(h)
Quota and sizes of fish that may be caught-
The conduct of research, disposition of samples and reporting of associated
scientific data.
Article V
(1) In the Exclusive Economic Zone all States shall enjoy the freedom of navigation,
overflight and laying of submarine cables and pipelines.
(2) In the exercise of freedoms referred to in paragraph 1 of this article, States
shall ensure that their activities in the Exclusive Economic Zone are carried out in such
a manner as not to interfere with the rights and interests of the coastal State.
Article VI
(1) Developing land-locked and other geographically disadvantaged States have the
right to exploit the living resources of the Exclusive Economic Zones of neighbouring
States and shall bear the corresponding obligations.
(2) Nationals of land-locked and other geographically disadvantaged States shall
enjoy the same rights and bear the same obligations as nationals of coastal States in
the exploitation of the living resources of the Exclusive Economic Zone.
(3) Bilateral, subregional or regional arrangements shall be worked out for the
purposes of ensuring the enjoyment of the rights and the carrying out of the obligations
referred to in paragraphs 1 and 2 of this article in full respect of the sovereignty of
the States concerned.
1
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A/CONF.62/C.2/L.82
English
Page 3
Article VII
States in a region may establish regional or subregional arrangements for the
purposes of developing and managing the living resources, promoting scientific research,
preventing and controlling pollution, and for the purpose of peaceful settlement of
disputes.
Article VIII
(1) The delimitation of the Exclusive Economic Zone between adjacent or opposite
States shall be done by agreements between them on the basis of principles of equity, the
median line not being the only method of delimitation.
(2) For this purpose, special account shall be taken of geological and
geomorphological factors as well as other special circumstances which prevail.
Article IX
Each State shall ensure that any exploration or exploitation activities within its
Exclusive Economic Zone is carried out exclusively for peaceful purposes and in ouch a
manner as not to interfere with the legitimate interest of other States in the region or
those of the international community.
Article X
No State shall be entitled to construct, maintain, deploy or operate, in the
Exclusive Economic Zone of another State, any military installation or device or any
other installation or device for whatever purposes without the consent of the coastal
State.
Article XI
In respect of a territory whose people have not achieved full independence or some
other self-governing status recognized by the United Nations, the rights to the resources
of its Exclusive Economic Zone belong to the people of that territory. These rights
shall be exercised by such people for their benefits and in accordance with their needs
and requirements. Such rights may not be assumed, exercised or benefited from or in any
way be infringed upon by a foreign Power administering or occupying or purporting to
administer or to occupy such territory.
 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110001-4
Distr.
LIMITI D
A/CONF.62/C.3/L.12
22 August 1974
(C)
Brazil. Ecuador, Lgynt, Iran, Mexico, Morocco, PNigeria, Oman,
Pakistan, Peru, Senegal, Somalia, Sri Lanka, Trinidad and
Tobago., Tunisia, Uruguay, Venezu:la and Y oslavia: draft
articles on the development aid transfer of technology
Article 1
1. All States shall actively promote the development of the scientific and
technological capacity of developing States with regard to the exploration, exploitation,
conservation and management of marine resources, the preservation of the marine
environment and the legitimate uses of ocean space, with a view to accelerating their
social and economic development.
2. To this end; States shall, inter alia, either directly or through appropriate
international organizations:
(a) promote the acquisition, development and dissemination of marine scientific
anc:. technological knowledge-.
(b) facilitate the transfer of technology, including know-how and patented and
non-patented technology;
...?_:4:t?)log1.cal subjects,
-1628
(d) facilitate access to scientific and technological information and data;.
(e) promote international co-operation at all levels, particularly at the
regional, subregional and bilateral levels.
In order to achieve the above-mentioned objectives and taking into account-the
ir,terests, special needs and conditions of developing States, States shall inter.alia:
(a) establish programmes of technical assistance for the effective transfer of
L..,. kinds of marine technology to developing States;
(b) conclude agreements, contracts and other similar arrangements, under
cq.:itable and reasonable conditions;
(;:) hold conferences, meetin,s and seminars on appropriate scientific and
Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110001-4
THIN CONFERENCE
ON THE LAW OF THE SEA
promote the development of human resources and the training of personnel;
 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110001-4
A/CONF.62/C.3/L.12
English
Pnrc 2
(d) promote the exchange of scientists., technologists and other experts;
(c) undertake project?s., including joint-ventures, mixed enterprises and other
forms of bilateral and multilateral co-operation.
Article 2
1. All States are under a duty to co-operate actively with the "Authority" to
encourage and facilitate the transfer of stills in marine scientific activities and
related technology to developing States and their nationals.
Article 3
The 'Authority'' shall, within its competence, ensure:
(1) that adequate provisions are made in its legal arrangements with juridical
and natural persons engaged in marine sc:.entific activities, the exploration of the
international Area, the exploitation of its resources and related activities to take
on under training as members of the managerial, scientific and technical staff
constituted for these purposes., nationals of developing States whether coastal,
land-locked or otherwise. geographically disadvantaged, on an equitable geographical
distribution.
(2) that all blueprints and patents of the equipment, machinery, devices and
processes used in the exploration of the international Area, the exploitation of its
resources and related activities be ;wade available to all developing States upon
request.
(3) that adequate provisions are made by it to facilitate the acquisition by any
developing State., or its nationals, of the necessary skills and know-how including
professional trPining in any undertaking by the Authority for exploration of the
international sea, exploitation of its resources and related activities.
(Ii) that a Special Fund is established to assist developing States in the
acquisition of necessary equipment, processes, plant and other technical know-how
required for the exploration and exploitation of their marine resources.
Articl;e k
1. States shall promote the establishment in developing States of regional marine
scientific and technological research centres, in co-ordination with the Authority,
international organizations and national marine scientific and technological
institutions.
2. The functions of such Regional Scientific and Technological Research Centres
shall include, inter alia:
(a) training and educational programmes at all levels on various aspects of
marine scientific and technological research, particularly marine biology, including
cons?:,rvation and management of living resources, oceanography, hydrography,
engineering; geology, sea-bed mining and desalination technologies; /..e
Approved For Release 1999/09126 :CIA-RDP86T006
 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110001-4
A/CONP.62/C.3/L.12
English
Page 3
(b) management studies;
(c) study programmes related to the preservation of the marine environment and
the control of pollution;
organization of regional seminars, conferences and symposia;
(e) acquisition and processing of marine scientific and technological data and
information, in order to serve as regional data centres;
(f) prompt dissemination of results of marine scientific and technological
research in readily available publications;
(g) serving as a repository of marine technologies for the States of the region
covering both patented and non-patented technologies and know-how; and
(h) technical assistance to the countries of the region.
Approved For Release ,1999/09/26 : CIA RDP86TQ46
 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110001-4
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