LAW OF SEA COUNTRY STUDY NIGERIA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86T00608R000600110007-8
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 37
• Document Creation Date: November 11, 2016
• Document Release Date: March 1, 1999
• Sequence Number: 7
• Publication Date: June 1, 1975
• Content Type: STUDY

r Release 1.998/09126
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CIA-RDP86TOOf~08R000600110007-$'
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Con kI
No Foreign !)L sem
Law of the Sea Country Study
Nigeria
GCR LOS 75-10
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NATIONAL SECURITY INFORMATION
Unauthorized Disclosure Subject to Criminal Sanctions
Classified by OW441
Exempt from General D.clas.ificail?n Schedule
of E.O. 11632, exemption cal.poryl
?3B(1. (2), and (3)
Automaticallyy d.claul/l.d ont
date Impose ble to determine
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No Pon"Ign /N.VS(rn-
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 infli:ence 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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No l"or-rhn I)Imcn-
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CONTENTS
Part I - Law of the Sea Analysis
Summary .............. . ........................ 1
Factors Influencing LOS Policy ............ 2
Law of the Sea Policy ..... ................ 4
Key Policy Makers, LOS~Negotiators~and~Advisers 9
Biographic Sketches ....................................... 13
Part II - Background Information
Basic Data ............................................ 19
Conventions . ... ................ ....... 20
Membership in Organizations Related to LOS Interests 21
Present Ocean Claims .... 22
Action on Significant UN Resolutions ...................... 23
ANNEX
UN LOS draft articles submitted by Nigeria
Maps: Regional map
Theoretical Division of the World Seabed
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No l'nrrl;.;n !)i, ,tic-u
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NIGERIA
Part I -- Law of the Sea Analysis
A. SUMMARY (U)
In the law of the sea (LOS) forum,
Nigeria is a leading moderate in the
lesser-developed-country (LDC) group.
Its main concern at the LOS conference
is to secure exclusive jurisdiction
over the resources in a broad area
adjacent to its coast. Nigeria supports
establishment of the exclusive coastal
economic zone up to 200 miles* in breadth
in which the coastal state would have sole
authority to:
-- dispose of the resources,
-- protect the marine environment,
-- enforce customs, immigration, and
sanitary regulations, and
-- grant permission to conduct scientific
research and construct and operate
offshore installations.
Nigeria would permit freedom of navigation and overflight
in the coastal zone beyond the territorial sea.
If establishment of the exclusive coastal economic zone is
sanctioned Nigeria will support a 12-mile territorial sea that
incorporates a precisely defined innocent passage regime.
On the straits transit issue, Nigeria has called for a balance
between the interests of maritime states and straits states.
On the exploitation of the deep seabed, the Nigerian delegation
has pointed out the need to make conditions attractive for
private investment and will accept joint ventures and parallel
licensing.
* Distances and areas throughout this study are in nautical
miles unless specified otherwise.
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Nigeria would guarantee landlocked and geographically
disddvantaged states access to the iea and the living resources
of the coastal zones of neighboring .oastal states, and a share
in. the resources of the deep seabed. Nigeria supports compulsory
dispute settlement, with the International Court of Justice as the
primary tribunal in cases that cannot be settled by alternative
peaceful means. The Nigerian delegation has given qualified
approval to the archipelago concept espoused by archipelago
states. On the issue of technology transfer, the delegation
has asked for establishment of regional research and training
centers, on-the-job training for LDC personnel, and the convening
of marine science and technology conferences and seminars.
B. FACTORS INFLUENCING LOS POLIL.Y
Special Geographic Features (U)
Nigeria's location at the apex of the Gulf of Guinea will
give rise to some very taxing problems when that country and
its coastal neighbors, i.e., Cameroon, Dahomey, Equatorial Guinea
(Fernando Poo), and Portugal (Principe and Sao Tome), come to
delimit their mutual sea boundaries. Equidistant lines extended
seaward from the ends of the Nigerian coast rapidly converge
and intersect slightly more than 200 miles to sea, severely
truncating Nigeria's slice of the west African continental
margin. The situations of Cameroon and Dahomey are even worse.
Uses of the Sea (U)
Mineral Resources -- The Niger Delta and the Nigerian
continental shelf contain immense petroleum reserves. Since
the end of 1973, Nigeria has produced more petroleum than any
other country in Africa; 1974 prod'iction averaged 2.3 million
barrels a day, and Nigeria now ranks seventh among the world's
producers. Petroleum is Nigeria's chief export and contributes
more, by far, to the country's gross domestic product (GDP) than
any other commodity.
Living Resources -- Nigeria is the largest consumer of
fish and fish products in Africa, yet its own fishing industry
contributes less than 5 percent of the country's GDP. The
fishing fleet, which consists of canoes and coastal trawlers
and shrimp boats, is supplemented by foreign ships chartered
by the Nigerian Government for distant-water fishing.
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Nigeria's inland and coastal waters are not rich enough
to satisfy the country's growing demand 'for fish, thus dist.ant-
water fisheries will have to take up the slack if the country
intends to decrease its fish imports.
Marine Transportation -- The national merchant fleet.,
almost entirely government owned, carries only a small portion
of Nigeria's international trade. The ships operate on routes
between Nigeria and the major ports of west Africa and western
Europe.
Naval and Air Transportation Considerations -- Although small,
the Nigerian Navy is the largest naval force in west Africa,
but it suffers rrom poor maintenance and spare parts shortages.
The navy's mission is primarily coastal defense.
Nigerian Airways, Ltd., the government-owned national flag
carrier flies to 12 countries in west Africa, Europe, and the
Middle East and, in association with Pan American Airways, to
New York City.
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Political and Other Factors (U)
Nigeria has been less caught up in the emotionalism of the
"common heritage of mankind" than some other LDCs. While the
Nigerians support the general LDC positions on LOS issues, they
view them pragmatically and often provide the voice of reason.
They are among the influential LDC moderates.
The Federal Military Government has ruled Nigeria by decree
since it seized power in a coup in 1966. General Yakubu Gowon,
its Head, while basically pro-West and suspicious of Communist
motives, is attempting to keep his country in the nonaligned
camp. Lagos deals with the United States and the U.S.S.R. on
an issue-oriented basis, almost devoid of ideology. Nigeria's
closest international ties are with the United Kingdom.
Relations with the United States have improved since the
1967-70 civil war, when the pro-rebel sympathies of some U.S.
private organizations and Washington's neutrality offended the
Nigerian G,)vernment. The United States is Nigeria's largest
market for crude oil exports and its third most important source
of import:. U.S. investment approaches $1 billion, or almost
50 percent- of our investment in Black Africa.
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Nigeria strongly supports African nationalism and is a
leader in the Organization of African Unity. While believing
it inevitably will play a major leadership role in Africa,
Nigeria ha, root flaunted its wealth, size, or military might for
fear of intimidating its neighbors.
C. LAW OF THE SEA POLICY
Territorial Sea (C)
The Federal Military Government extended the breadth of
Nigeria's territorial waters from 3 to 12 miles in 1967 and
then to 30 miles in 1971. At Caracas in 1974, the Nigerian
delegation tabled its articles (see Annex) that would allow a
state to declare territorial waters up to a breadth of 50 miles.
Just before Caracas; however, a Nigerian LOS official 'indicated
to the visiting U.S. LOS team that Nigeria would accept the
12-mile territorial sea, in conjunction with a 200-mile
exclusive coastal economic zone, if this was the consensus of
the Conference. Nigeria's primary LOS concern is to secure
exclusive jurisdiction over its coastal resources, the rationale
for the successive extensions of its territorial sea.
The repeated violation of Nigerian territorial waters by the
foreign ships and aircraft that provided arms and humanitarian
relief to the rebels during the civil war has shaped in large
measure the government's view on transit in the territorial sea.
The Nigerian delegation has called for a precisely defined
innocent passage regime in the territorial sea that:
-- distinguishes between merchant ships and warships,
-- requires prior permission for overflight, and
-- sets forth explicit pollution control and
safety regulations.
Straits (C)
Nigerian officials have admitted that the issue of navigation
in international straits that are overlapped by territorial seas
is not of vital concern tc their government. They understand,
however, that the issue is of considerable concern to others
and have indicated a willingness to mediate a compromise between
the interests of maritime states and straits states. The
Nigerian delegation's successes so far remain obscure. Nigeria
is well aware that much of the opposition to free and unimpeded
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transit is based on political and ideological considerations,
but sees fear of submerged transit and nuclear accidents as
the basic reasons behind some of the opposition.
Islands and Artificial Islands (U)
The Nigerian delegation, during its opening remarks at
Caracas in 1974, listed the regime of islands as an issue that
the Conference should resolve. It has said nothing definitive
on islands since then, however. The regime of artificial
islands, on the other hand, is more germane to the country's
interests in view of the extensive petroleum production and
exploration activity off its coast. At Caracas, Nigeria introduced
draft articles on the coastal economic zone (see Annex) that
call for coastal state jurisdiction over the construction and
operation of artificial islands in the economic zone, limited
only by consideration for international navigation.
Archipelagos (U)
Like the regimes of islands and transit in international
straits, the regime of archipelagos is of little concern to
Nigeria. The Nigerian delegation has done nothing more than
offer support for the general archipelago t. 'ory, i.e., con-
struction of baselines around the archip'elag,, international
navigation in designated lanes within tho archipelago, etc.
It has, however, cautioned the archipelago states to be precise
in their definition of transit through the archipelago.
Delimitation and Demarcation (U)
The Nigerian delegation is well aware of the consequences
that its country's location in the Gulf of Guinea will have on
delimitation of marine jurisdiction and has called for use of
equitable ather than equidistant principles in the delimitation
of international sea boundaries,. Unless it is truly interested
in the welfare of its country's coastal neighbors, however, the
delegation might do better to espouse the equidistance principle,
which would allot Nigeria the larger portion of the sea..
Contiguous Zone (U)
Nigeria wants the traditional contiguous zone jurisdictions
over customs, fiscal matters, and immigration and sanitary
regulations extended to cover the entire coastal economic zone.
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Coastal State Jurisdiction Beyond the Territorial Sea (U)
The draft articles on the economic zone that the Nigerian
delegation introduced at Caracas give the coastal state exclusive
jurisdiction over the resources, pollution control measures, and
scientific research activities in a zone adjacent to its coast
up to 200 miles in breadth. Freedom of navigation and overflight
and the laying of submarine cables and pipelines by other states
would prevail in the zone beyond the territorial sea.
Nigeria opposes national jurisdiction over the resources of
the continental margin beyond the economic zone, seeing such
as benefiting mainly the developed countries, many of which
have extensive margins.
Fisheries (U)
Nigeria demands coastal state exclusivity over all facets
of fishing in the coastal zone. In the event that it does not
fully utilize the fish stocks in its economic zone, Nigeria
would allow other states to take fish in the zone up to the
maximum sustainable yield, but only through official agreement
with the government in Lagos. The fishing of highly migratory
species outside the coastal economic zone, Nigeria feels,
should be governed by an international agency.
Deep Seabed (U)
The Nigerian Government has struck some very profitable
bargains with the foreign oil companies that work its rich
petroleum reserves and, in the process, has acquired an
understanding of the operation and requirements of such companies.
At the same time, Nigeria appreciates the feelings of fear and
mistrust that many of its fellow LDCs have for these companies
and their national governments regarding the exploitation of
the deep seabed. In another move to strike a balance between
diverse interests, the Nigerian delegations at both Caracas
and Geneva, while supporting international control of seabed
mining, urged that both private and state firms play a role.
At Caracas the delegation said that when the seabed is first
opened for exploitation, conditions of exploitation must be
attractive for private investment and proposed that private and
state firms be licensed as the sole operators, subject to fees
and other payments to the International Seabed Resource Authority
(ISRA). Later, when the ISRA has accumulated sufficient capital
and technology to conduct mining operations on its own, these
firms would be phased out in favor of the Enterprise System,
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where the ISRA would be the sole operator. The delegation
suggested that during the private/state firm phase, the ISRA
should have a seat on the boards to verify income, profits, and
costs.
At Geneva, the Nigerians tilted slightly further in favor
of private and state firm participation by emphasizing their
support for joint ventures and giving positive consideration
to parallel licensing. Joint ventures or parallel licensing
would assure a permanent place for private and state firms in
the exploitation of the deep seabed. The latter, however, allows
for greater private/state participation by reserving specified
areas of the seabed for private/state exploitation and other
areas for ISRA exploitation.
Nigeria wants the ISRA to control seabed production so as
to maintain a stable world minerals market, with neither artifi-
cially high nor artificially low prices. ISRA control of
production also would, Nigeria hopes, eliminate the specter of
unemployment ir, the land-based mining industry should seabed
mining prove more profitable.
The Nigerian delegation subscribes to the general LDC
position that the one-nation-one-vote Assembly be the Authority's
most powerful organ and that the Council be constituted on the
basis of equal geographic representation. Nigeria opposes
weighted voting and use of the veto.
Landlocked and Geographically Disadvantaged States (U)
Draft articles on the coastal economic zone that Nigeria
introduced at Caracas in 1974 award to landlocked and geograph-
ically disadvantaged states -- as well as to all other states --
the right to fish in the exclusive economic zones of coastal
states, provided suitable bilateral or regional agreements with
the coastal state have been negotiated. Statements of the
Nigerian delegation in Second Committee proceedings, however,
offer preferential rights to landlocked and geographically
disadvantaged states that are not apparent in the draft. Nigeria
would guarantee them free transit through neighboring coastal
states and access to coastal state marine fisheries -- on a
reciprocal basis. The "reciprocal" condition obviously can refer
in this situation only to transit. Presumably, rigeria would
deny these states access to the nonliving resources of the coastal
seabed on the basis of reciprocity since coastal state rights to
the nonliving resources in neighboring landlocked and geographically
disadvantaged states has not been discussed in the LOS context.
These states would have to rely upon the deep seabed for revenues
from marine minerals.
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Marine Pollution (U)
Nigeria believes that the coastal state must have exclusive
control of the regulation and preservation of the marine
environment in the coastal economic zone. Pollution control
standards, however, would be based on international and regional
standards.
Nigeria supports the work of the Intergovernmental Maritime
Consultative Organization (IMCO) and urges that the regulations
for prevention of pollution in the various IMCO conventions be
incorporated into the LOS treaty. The 1973 Convention for the
Prevention of Pollution by Ships stipulates joint flag state/
coastal state enforcement, which may be Nigeria's preference on
the enforcement issue.
Scientific Research (U)
Nigeria endorses the Group of 77 position favoring the
consent regime for scientific research in the coastal zone.
Nigeria emphasizes, however, that the coastal state should
normally give consent if the researcher demonstrates that the
research is for peaceful purposes and allows coastal state
participation, trains coastal state nationals in research
techniques, and provides the coastal state with the resulting
data and analyses.
Transfer of Technology (U)
In 1974 at Caracas, Nigeria sponsored one set of draft
articles on technology transfer and cosponsored another (see
Annex). The articles call for what amounts to the "spoon
feeding" of LDCs with the full course of marine science end
technology. Transfer would be accomplished on a state-to-state
basis during the prosecution of a bilateral agreement to explore
and/or exploit the coastal zone, via the proposed IS RA during
the exploration and exploitation of the deep seabed, or under
the auspices of other international organs through seminars,
conferences, and the establishment of regional research and
training centers.
Settlement of Disputes (U)
Nigeria supports compulsory settlement of disputes with
mediation and other nonjuridical peaceful means as the primary
vehicles. Nigeria feels that the International Court of Justice
should be the primary tribunal for marine disputes that cannot
be settled otherwise, with, perhaps, special tribunals for
technical issues such as fishing also playing a role.
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D. KEY POLICY MAKERS, LOS NEGOTIATORS AND ADVISERS (U)
The delegation to Geneva was again led by N.B. Graham-Douglas,
Federal Attorney General and Commissioner for Justice. Nigerian
LOS delegations have been composed of veteran LOS negotiators.
However, decisions made by the negotiators are subject to review
and approval of General Gowon and the Supreme Military Council.
A list of Nigeria's LOS delegations, with biographic data on
some individuals, follows:
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Seabed Comtnittce Senttlon
LOS Conrircnce Attendeen (U)
. I eG Jul Mar Jul
Jul
r Aug Mnr Aug Apr Aug
1ltt
.1 71. 72 72 73 73
7
i-tr. A.A. ADEDERAN
Solicitor-General
Ministry of Justice
Mr. T.A. ADEMAKINWA
Acting Principnl State Count;ei
*Mr. Oiuycntt ADENIJI
Director
Intcrnationn]. Organizations Dcpnrt
the n t
Ministry of External Affairs
Mr. T.I. AT)ESALU
Federal Ministry of Justice
Lagos
*~1.r M.O. ADIO
Senior State Counsel
Ministry or Justice
Miss C.M. AGUTA
Mr. 0. ALO
Head, Economic Division
Ministry of External Affairs
Mr. B.O. AWOKOYA
Charm d'Affaires a.i.
Embassy of Nigeria
Berne
Dr. A. AWOPETU
First Secretary
Permanent Mission to the UN
Third
L05 Confrr-ence
Jun- Mar-
Dec Aug Mny
73 74 75
X
X
X
X
X X X
X
X X X
X X
X
i
X
* See following pages for biographic sketch.
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LOS Cnmforonce Alt(Indoen (U)
*1:.0. !SAYA(;ISONA
Director
Federal t?inherien Uepartrncnt
(Now tit, official. of UN Food rsnd
Agriculture Urganiyal:ion )
*il.I:? Dr. N.B. GitANAr1-iMIGI.A:;
Attorney-General of the Federa-
Lion and Comminnioner of lursticr_
I.L. Corrunandor M. A.ii. Llogbodo
Nigerian Navy
Al r . N.0. NA DAY (i; i I
Deputy Director
Federal Pinhorion Service.
Lagoa
'third
Seabed Coninittoo Somni(10 i/);; ("onferctic, c
Jul rob .ittl_ Mar .Inl { June;tar-
Mar Aug iIn r Aug Apr Aug i oc Aug , May
71 71 1 72 72 73 73 73 74 75
I !
' I
X
Mr. I. J t! ti:'CA
Minintor
Permancnt Mission to the UN
Mr. 0. LOi.OMARI
Federal Ministry of Mines and
Powe r
Lagos
*Mr, J.D. OGUNI)tiiti;
Acting Solicitor
General of the Federation
Dr. L.E. OKOGWU
First Secretary
Permanent Mission to the UN
Mr. S.O. OK1NRIBID0
Federal Director of Public
Prosecutions
Mr. J.N. OLISA
State Counsel
* Sec following pages for biographic sketch.
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Seabed Commit-Lee 3eanton
Thir
ti ; t;ottfer
d
etire
-
--
_:Tul_ '
Feii
Jul
inr
-
.1tnt-,
Mar
M
ar
Aug I
ttnr
Aug
Apr
Aug
t)ac
Au,t
!Mny
71
71
72
72
73
73
73
74
17
'tr. 0. 01.9)TO:O
1 11
;
Senior State !ounnel
Federal Mintatrv of .JtutLice
Lngon
Mr. H.A. 51It'1"t'A-1117Y
Legn1 Advt.ner
Federnl 'tintntry of Juntice
Mr. J.G. TO11O11,
x
x
x
x
x
Director
Federal `tinintry of Agrtrulture
and natural 1:enourcen
Hr. Ab rahat* TU IJRU
Ministry of i:xternnl Affntrn
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CONHDtNTIAI
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Nigeria
Pnrt It - Background Information*
Geography
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World region: Africa
Category: coastal
Bordering states: Dahomey, Niger, Chad, Cameroon, Equatorial
Guinea (Fernando Poo), Tortuga]. (Principe and Sao Tome)
Bordering bodices of water: Atlantic Ocean (Gulf of Guinea)
Area of continental shelf: 12,500 sq. mt.
Area to 200 mi. limit: 61,500 sq. mi.
Area to edge of continental margin: 37,100 nq. mi.
Conutline: 530 statute mi.
Land: 357,000 sq. statute tai.
Population: 63,022,000
Industry and Trade
GDP: $22.6 billion (FY75 current prices), $360 per capita
Major industries; mining -- crude oil, natural gas, coal, tin,
columbite- processing industries -- oil palm, peanut, cotton,
rubber, petrclcum, wood, hides, skins; manufacturing industries --
textiles, cement, building materials, food products, footwear,
chemical, printing, ceramics
Exports: $9.3 billion (f.o.b., 1974), oil (92%), peanuts, palm
products, cocoa, rubber, cotton, timber, tin
Imports: $2.8 billion (c.i.f., 1974;, machinery and transport
equipment, manufactured goods, chemicals
Major trade partners: U.K., EC, U.S.
Merchant marine: 18 ships (1,000 GRT or over) totaling .,09,400 GRT;
includes 1.7 cargo, 1 bulk (C)
Marine Fisheries
Catch: 156,000 metric tons (1970); imports -- $3.7 million (1971
Economic importance: nationally as an important source of animal
protein; locally provides employment as well as source of animal
protein
Nature: primarily coastal, limited distant-water
* WARNING -- Unless otherwise indicated, individual items are
Unclassified For Official Use Only. Classification designation is
(C) Confidential.
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Specien: bongo,
tuna
Nature of marine
limited modern
sardinella, croaker, threndfin, grunt, shrimp,
fisheries techniques: primarily artisnnal,
Other countries fishing off coast:
U.S.S.R., Cuba, Eastern European
Extent of foreign offshore fishing:
vessels
U.S., Japan, France, Spain,
countries
limited, by chartered foreign
Petroleum Resources
Petroleum: production -- 482.5 million 42-gal, bbl. (65.1 million
metric tons) onshore, 182.7 million 42-gal. bbl. (24.7 million
metric tons) offshore; proved recoverable reserves -- 9,200
million 42-gal bbl. (1,243 million metric tons) onshore, 3,400
million 42-gal. bbl. (459 million metric tons) offshore (1972)
Natural gas: production -- 438.7 billion cubic feet (12.4 billion
cubic meters) onshore, 165.9 billion cubic feet (4.7 billion
cubic meters) offshore; proved recoverable reserves -- 30,000
billion cubic feet (840 billion cubic meters) estimated onshore,
10,000 billion cubic feet (280 billion cubic meters) estimated
offshore (1972)
Navy
Ships: 1 destroyer escort, 6 patrol, 5 motor gunboats, 1 mine
warfare, 1 amphibious warfare, 4 auxiliary and service craft (C)
Government Leaders
Head of Federal Military Government and Commander in Chief of
Nigerian Armed Forces, General Yakubu Cowen
Commissioner for External Affairs, Okoi Arikpo
Multilateral Conventions
Geneva Convention on the Continental Shelf, 1958.
Geneva Convention on the Territorial Sea and Contiguous Zone, 1958.
Geneva Convention on the High Seas, 1958.
Geneva Convention on Fishing and Conservation of the Living Resources
of the High Seas, 1958.
(IMC) International Convention for the Prever.cion of Pollution of
the Sea by Oil, 1954
(IMCO) International Convention for the Safety of Life at Sea, 1960.
(IMCO) Regulations for the Prevention of Collisions of Vessels at
Sea, 1960.
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 Approved For Release 1999/09/26 C ARf 86T00608R000600110007-8
Multilateral Conventions (cont'd)
(IMCO) Convention on Facilitation of International Maritime
Traffic, 1965.
(IMCO) International Convention on Load Lines, 1966.
Nuclear Test Ban Treaty, 1963.
UN Convention on transit Trade of Land Locked States, 1965.
Multilateral Declarations
Lusaka (Non-Aligned) Declaration.
Membcrshin in Oi:S_g nations Related to LOS Interests
AFDB ........................
Commonwealth
ECn ... ...............,.....
FAO ............... ....
IAEA ..........................
IBRD ..........................
ICAO ..........................
ILO ................
IMCO ..........................
IMF ...........................
ITU ...........................
Lake Chad Basin Commission
Niger River Commission
OAU ...........................
OPEC ..........................
Seabeds Committee
.............
UN ....................
UNESCO ........................
UPU .................
WHO ...........................
African Development Bank
Economic Commission for Africa
Food and Agriculture Organization
International Atomic Energy Agency
International Bank for Reconstruc-
tion and Development (World Bank)
International Civil Aviation
Organization
International Labor Organization
Inter-Governmental Maritime Con-
sultative Organization
International Monetary Fund
International Telecommunications
Union
Organization of African Unity
Organization of Petroleum Exporting
Countries
United Nations Committee on the
Peaceful Uses of the Seabed and
Ocean Floor beyond the Limits
of National Jurisdiction
United Nations
United Nations Educational, Scientific,
and Cultural Organization
Universal Postal Union
World Health Organization
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CONFIDENTIAL
?
Present Ocean Claims*
Type
Date
Terms
Source, Notes
Territorial
1964
3 iii.
Interpretation Act of 1964, No. 1
St a
1967
1.2 mi.
Decree. No. 5 of Mar. 8, 1967
1971
30 mi.
Party to Convention on Territorial
Sea (June 26, 1961)
Territorial Waters (Amendment)
Decree 1971 No. 38, Aug. 26,
1971
Supplement to Official Gazette
No. 44, Vol. 58, Sept. 2, 1971.
Continental
1959
Adopted shelf
Part A
Mineral Oil (Amendment) Dec. .17,
Shelf
concept in
1.959
Proclamation
but no precise
definition
Decree No. 51 ?
Petroleum Decree 1969
Official Gazette, Nov. 27, 1969,
200 meters or further.
Party to the Convention on the
Continental Shelf (May 28, 1971)
Exclusive
1971
12 mi.
Decree No. 30, June 10, 1971
Fishing
Refers only to motor fishing boats
Require license for domestic or
foreign ships
1971
30 mi.
Decree No. 38
See Fisheries Regulations 1972,
Official Gazette No. 39 Aug. 24,
1972, Supp.
Customs
1971
30 mi.
Decree No. 38
Security
1971
30 mi.
Decree No. 38
Civil
Jurisdiction
1971
30 mi.
Decree No. 38
* Principal source: Limits of the Seas, National Claims to Maritime
Jurisdiction, 2d Revision, State Dept./INR, April 1974.
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Action on Significant UN Resolutions
Moratorium Resolution Abstain
(A/RES/2574 D, XXIV, 12/15/69)
Pending establishment of international zuyimo,
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
1imi is of national jurisdiction.
LOS Conference Co-sponsor
(A/RES/2750 C, XXV, 12/17/70)
Convene in 1973 a Conference on Law of i:he Sea
to deal with establishment of international
regime for the seabed and ocean floor, and
onlargc Seabed Committee by 44 members and
instruct it to prepare for the conference draft
treaty articles embodying international regime.
LOS Conference, Timing and Site Co-sponsor
(A/RES/3029 A, XXVII, 12/18/72)
Indian Ocean as a Zone of Peace In favor
(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 In favor
(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 XXVII, 12/18/72)
Reaffirmed right of states to permanent sovereignty
over all their natural resources, wherever found.
?
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?
UUNITF0 NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.12
17 July 1974
Article 1
(General Provisions: Nature and Characteristics)
0
l,rticle 2
Limits of the Territorial Bea
The territorial sea shell not extend beyond 50 nautical miles from the
baseline from which the breadth of the territorial sea is measured.
?
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Uistr,
LIMIM
A/COtW.G2/C,2/L.21/Nnv,:
5 Aul;unt 1974
Nigoria: draft articles on the oxclunive economic Zone
THE RIGHTS AND C014PETENCES OF A COASTAL STATE
1. A conutal State has the right to establish beyond its territorial sea, an exclusive
economic zone the outer limit of which shall not exceed 200 nautical miles measured from
the applicable banclineo for measuring the territorial sea.
2. A coastal State has the following rights and compotonces in its exclusive economic
zone:
(a) exclusive right to explore and exploit the renewable living resources of the
uca and the sea-bed,
(b) sovereign rights for the purpose of exploring and exploiting the non-renewable
resources of the continental shelf, thn sea-bed and the subsoil thereof;
(c) exclusive right fcr the management, protection and conservation of the
living resources of the sea and sea-bed, taking into account the recommendations of the
appropriate international or regional fisheries organizations;
(d) exclusive jurisdiction for the purpose of control, regulation and preservation
of the marine environment including pollution control and abatement;
(e) exclusive jurisdiction for the purpose of control, authorization and regulation
of scientific research;
(f) exclusive jurisdiction for the purpose of protection, prevention and regulation
of other matters ancillary to the rights and competencea aforesaid and, in particular,
the prevention and punishment of infringements of its customs, f:acal, immigration or
sanitary regulations within its territorial sea band economic zone.
3. A coastal State shall have the exclusive right to authorize and regulate in the
exclusive economic zone, the continental shelf, ocean bed and subsoil thereof, the
construction, emplacement, operation and use of off-shore artificial islands and other
intallations for purposes of the exploration and exploitation of the non-renewable
resources thereof.
?
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ringli.h
Page 2
0
?
Its A coastal State eugr entablish a reasonable area of safety totes around its off?shon
artificial !.lands and other installations in vhich it say take appropriate ssasures to
ensure the safety both of it@ installations and of navigation. fluab sate%y some shall
be designed to edeure that they are reasonably related to the nature and fusetioss of
the installations.
is e P.
'rill; 21lOi Ti) AND COIQL'TVIC J OF OTIIEI% 9TAT23
1. All States shall have the foiloving rights in the ezelusivs seen -la tons of a
coastzl Strtet
(a) l~eedoe of navigation and overflight; and
(b) freedom of laying of submarine cables and pipelines.
2. All States may exercise, subject to an appropriate bilateral or regional
arrangement or agreement, the competence to exploit an agreed level of the living
resources of the tone.
3. Land-locked and geographically disitvantaged fltatw shall have the right to
explore and exploit the living resources of the exclusive economic zones of
neighbouring coastal States, subject to appropriate bilateral or regional arrangements
or agreements vith such coastal States.
lcle
THE DVPIES OF A COASTAL BTATR
1. A coastal State shall use its exclusive economic zone for peaceful purpw es only.
2. A coastal State, in its exclusive economic zone, shall entoroe applicable
international otandardc regarding the oafety of navigation.
3. .1 coastal State, in its exclusive economic zone, is under an international duty
not to interfere without rinoonable justification vith:
(a) the freedom of navien-tion and overflight, and
(b) the freedom of laying of submarine cables and pipelines.
b. A coastal State shall not erect or establish artificial islands and other
installations, including cafety tones around these, in such a manner as to interfere
with the use by all Staten of recognized sealanes and traffic separation schemes
essential to international navigation.
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Page
Amide 4
1. In the exclusive coonoaio tone of the eouta) Otate, all other Otates are duty
bound not to interfere with the exeroies by the coastal Otate of its rigbts and
eompetenee?.
2. In ouch an exclusive economic rune. C11 other Otates Mall ensure cmpliance by
vessels of their flag with.
(a) applicable international standards regarding the safety of navigation outsi4e
safety tonce established by a coastal Otate around otf-shore artificial islands and
other installations used for the exploration and exploitation of the non-renevable
resources of the tonel and
(b) the regulations of the coastal Otate regarding the safety of the said
off-shore artificial islands and other installations an well u ancillary regulations
of the coastal Otate regarding the enforcemnt or its custom, fiscal, isigration and
sanitation laws.
?
?
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UNITED NATIONS
THIRD CONFERENCE
``- ON THEIAWOFTHESEA
$IQERIA: DRAFT ARTXCI 8 Oil TU DBVRLOPKEI T MD
R'AA S XR Ot TICEPOLOOY
Article 1
1. To insure adequate and equitable?tranafer of technology in accordance with
the concept of the common heritage of mankind in the ocean space, States vith the
capacity for marine acientific research shall alvays and at all levels associate vith
personnel of developing countries.
Article 2
1. Regional Scientific Research Centres shall be established, as suborgaaso of
? the International Sea-Bed Authority, in the developing countries.
2. The functions of ouch Regional Scientific Research Centres shall include:
(a) advanced training and education on all aspects of marine acientific research,
particularly marine biology, oceanography, cartography, sea-bed mining, engineering
and mineralogy;
(b) advanced management studies; and
(c) prompt publication of results of marine scientific research in readily
available journals.
Article 3
1. The International Sea-Bed Authority shall ensure that adequate provisions
are made in its exploration and exploitation licences and contracts vith States and
nationals of other States vhether natural or juridical, for enterprises granted
exploration and exploitation rights under such licences and contracts, to take on as
members of their staff under training, nationals of developing countries vhether coastal,
land-locked or otherwise geographically disadvantaged.
2. The Internation..: Sea-Bed Authority shall make available to any country an
request, blueprints and patents of plants and machinery used in the exploration and
exploitation of the international area.
?
Distr.
LIHITED
A/OONP.62/C.3/L.8
1 August 1974
ORIOIIAL: AnLten
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n/couI,62/C.3/L.O
fattish
I, 11te International fen-fled Authority nhall obtain fr,)m any Rate to which
ic.hno granted the riphtn of exploration and exploitation of the Pea-bed under licences
or p'mtrnctn tin payment or reasonable fern or premiums, blueprints and patents or the
plnntr and machinery uned by ouch Mateo or their nntionaln In the exploration and
rx111i1tItion or the Pen-bed and ocean floor beyond the limits of national jurisdiction.
1I. 41ce International foa-Bed Authority shall ensure that adequate provisions are
mr,rc' by it to facilitnte the acquisition by any developing State or Ito nationals of the
n,rrnnnry nkilln and "know-how" in any undertaking by the Authority of enterprises
f'or exploration and exploitation of the nea-bed and ocean floor beyond the limits of
,f,lnnnl jurindiction.
Article 4
.1. All Jtnten are under a duty to co-operate actively with the Internntionn1
t; :a-1d Authority to facilitate the trannfor of skills in marino scientific research
miI t'chnology to developing, Staten and their nationals.
0
?
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I TL-
THIRD CO ZQENCE
CN TUE LAIN OF THE SEA
t-rnr.{a . F,c+~ndor~iyynt, irngj fix{cn, orh._c~_tt{ grin. ttr7nn,
1'nkint.nn r~i r~rlryCene,anl~ ontt n .,'ri Lnnkn 'Prin{(Ind nnfl
Cab. n Tun tits Urupurly, Vrn~;u~ln na~t Yu-?orlnvir; ~trnft
nrtirl~r~r on the dr_vn ""' - _ ----
- larnrnt. saga trnr,tifnr or tecl;nr,lr,~y
Article 1
1. All Staten shall actively promote the development of the ncientific and
trchl-+ulot;icnl capacity of developing Ctnt.r; with regard to the exploration, txpioitntion,
c;,auorvntion and management of marin:? resources, the precervntion of the r.arinq
environment and the le;;itimnte uses of ocean n pnce, with n view to ecceter'iting their
ooriu.'L and economic development.
2. To this end, tut shhll, inter nliu", either directly or through npuro rate
intcrnc+tionn1 orgnni;;ntionn:
(!t) promote the acquisition, development and dissemination of marine scientific
rule Leschnoiogical Iulow1cd';C;
(b) facilitate the transfer of technology, including; know-how and putentcd and
non-putentcd technology;
(c) promote the development of human resources and the trninin;.; of personnel,
(d) facilitate access to ncientific and technolopLicnl inforrltion and data.-
(e) promote international co-operation at all levels, particularly at the
r+egioual, cubregionai and bilateral levels.
In order to achieve the above-mentioned objectives and taking into account the
eruats, special needs and conditions of developing States, Stater. ahrtll inter alin:
(a) establish prograrsme5 of technical assistance for the effective transfer of
^.; I?ir:ds of marine technology to developing Stater.;
(b) conclude agreements, contracts rand other similar arrnn-^ments, under.
;rn i~ab1c and reasonable conditions;
(_) hold conferences, meetin,s and serainars on approp-'inte scientific and
'~ .~ls~{ical subjects,
_1628
h{ntr.
1,1 ?I{TI,t)
A/Cbtip.62/C.3/L.12
12_ Auguat 1974
O1it;iltlAL: ; uoL1111
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tatgi i::L
( 1) Itl(l.`)1,t' 1, tie "f.ChrIt.i;' r)f fitirnt.iI;t,; i t, i.II.1f1t'r;;l.^,(,6 aII'1 ( f i.IIRI. r?xp^1.1.n
(r') tlhleYLnt;r, trojrctr, itict.n',iti ,Ir+inLWv^r,tu+'r p, rnixell
rnril lr bi.inLrarrtl nrul nullit'iterni Cr~.ol,t,t?nt,it)n
I. -All 11tnten Sire under it duty to co-npr?rt'Lr' nctivr'ly with tht' 'Authority" to
enco+tra.uc ntrl fncilitnte the tranr:fsrr rlf r1.111 4q in tinrino nCientifit'. net.ivitien Sind
reln',ei technology to developinr, ;tt,tt' rend their nntiunnin.
Artiel n
'i'h- ' Authority" rhndi, within Itti competence. cttnur":
(l) that ndequatr provinionc nre mndc in 1tn 1ern1 nrrnnFr.nr'ntn with ,juridical
Wild; nat.urrtl pernonu engaged in marine ncir.nt.iric activities. thr exploration of thr'
ital,ernnt.ionni Area, the rxploitntion or its renourccu Sind reintr'd net.ivitien to take
on and-r training, nu rsenber+, of the mrnnt;crtn1, scientific Sind technical staff
conutitutod for theno purponcn, nntionaln of developing ?lttttcn uhrther conntnl,
lrtml-?lockod or otherwi:e Ceo;;raphically dirnclvnntaged. on nn equitable reogrnrt'{cal
clic.;.ributton.
(2) that all blueprint:: Sind !' tent.n of thr' equilirtent, machinery, devices Sind
prnce::nr.u used in the exploration or the interpnt.ionttl Aren, the cxnloitr-tion of itn
le;:ou:,^.cn slid related activitten le jade nvailablo to nil developing States upon
reque:;t.
(3) th..t adequate provisions arc nude by it to facilitate the acquisition by any
d(?vclr_l:'_ng PtatT, or its nationals, of the ncccur.:-ry skills and know-how including
profu:;,ional training in any undertaking by the Authority for exploration of the
interr.ntional :lea. exploitation of its rcaourccn and relatel activities.
(la) that a Special Fund is catablichcd to assist developing Staten in the
r+ccttti ,ition of necessary equipment, Ilrocegaez;, plant and other technicul know-how
.renuired for the exploration and exploitation of their marine renoureen.
Article 4
T. 3tutcr. shall promote the establishment in developing States of regional marine
;Scientific and technological rcacnrch centres, in co-ordination with the Authority,
in;.ernational organizations and national marine scientific and technological
insti tutions.
2. 'ft'c functions of such Regional Scientific and Technological Research Centrea
include, inter a1ia:
(a) training and educational programmes at all leveln on various ispects of
rjariu?_ :;cicnti fic and technological research, particularly marine biology, including
t:un,?:rvicetion and management. of living resources, oceanography, hydrography,
,,rt;,:;t?_,^rin;;; geology, sea-bed mining and desalination technologies;
?
?
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t;ngl i sh
Page 3
(t,) mnnagertrnt ntudlen;
(c) study progrtuvnis relates] to the preservation or the marine environment and
the cnntrol of pollution;
(d) organisation of regional c,!minarn, conferences and symposia-.
(e) acquisition and proceening of marine neientifie and technological data and
infornntion, in order to nerve ns regional data contras;
Cr) prompt dissemination of results of marine scientific and technological
research in readily available publications;
(g) nerving an a repository of marine technologies for the States of the region
covering both patented and non-patented technologies and know-how; and
(h) technical acniotance to the countrien of the region.
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or slopes steeper than 1:40
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