LAW OF THE SEA COUNTRY STUDY ECUADOR

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CIA-RDP86T00608R000600110008-7
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March 1, 1999
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June 1, 1975
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STUDY
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Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 lift No Foreign Disscm GCR LOS 75-11 June 1975 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 0 NATIONAL SECURITY INFORMATION Unauthorized Disclosure Subject to Criminal Sanctions Classified by 019641 Exempt from General Declassification Schedule of E.O. 11632, exemption cutegoryt ? 5O(1)i (2), and (3) Automatical yy declass) led ont date Impossible to determine is Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 SE J RDP86T00608R000600110008-7 No Foi-elgn lll,vavcn- 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 hearing 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 w' thin the Directorate of Intelligence and with the Depart- me it of State. Comments and questions may be directed to the LOS Country Studies Working Group, Code 143, Extension 2257. SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 SECRET No Foreign Dl,s,senn CONTENTS ? Part I - Law of the Sea Analysis Summary ..... ............................. 1 Factors Influencing LOS Policy ............................. 2 Law of the Sea Policy . ..... . ......... 6 Key Policy Makers, LOS Negotiators and Advisers ............ 14 Biographic Sketches ........................................ 19 Part II - Background Information Basic Data ................................................. 28 0 Conventions . .. ..... .. .... . ..... ....... 29 Membership in Organizations Related to LOS Interests ....... 29 Present Ocean Claims .... ..................... 30 Action on Significant UN Resolutions ....................... 32 ANNEX UN LOS draft articles submitted by Ecuador Maps: Regional map Theoretical Division of the World Seabed ii ? SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : C - DP86T00608R000600110008-7 No l"oiolg i I)M.5e!!! ECUADOR Part I - Law of the Sea Analysis A. SUMMARY (U) Ecuador's primary law of the sea (LOS) objective is full sovereignty over its coastal waters out to 200 miles* offshore. The 200-mile territorial sea claim has been incorporated in national legislation and the Ecuadorean Government seeks international approval of it, viewing its retention as essential if its popular base of support is to be maintained. Ecuador's main interest in sovereignty out to 200 miles is economic, and officials assure that they have no desire to restrict navigation. In addition to exclusive coastal state control over fisheries -- including highly migratory species -- Ecuador wants complete authority over pollution control, a consent regime for scientific research, and a requirement for transfer of technology. It fears such coastal state authority would not be guaranteed under an economic zone regime. Ecuador's support for the archipelago concept, which calls for archipelago state sovereignty over waters included within baselines connecting the outermost points of the outermost islands, stems from its desire to have archipelago status granted to the Galapagos Islands.** Ecuadorean LOS experts contend that there should be no distinction between "archipelagic states" and "states with archipelagos." The country's position on the straits issue remains negotiable. * Distances and areas throughout this study are in nautical miles unless specified otherwise. ** The Informal Single Negotiating Text prepared at Geneva, May 1975, defines an "archipelagic state" as "a State constituted wholly by one or more archipelagos..." SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 SECRET Ecuador supports the concept of "the common heritage of mankind," and favors giving an international regime jurisdiction over seabed resources and activities within the area beyond the limits of national jurisdiction. The international regime should have the power to control the exploration and exploitation of deep seabed minerals and to equitably distribute the benefits derived from deep seabed mining. Deep seabed mining activities should take into account the protection and conservation of natural resources, the international area should be used for exclusively peaceful purposes, and the rights of coastal states should be respected. The machinery for the international regime should be an International Seabed Authority. B. FACTORS INFLUENCING LOS POLICY Special Geographic Features (U) Ecuador, the third smallest independent South American nation (total land area, 106,000 sq. statute miles), fronts on the Pacific for about 1,400 statute miles. The Galapagos Islands, 600 miles west of the mainland, account for more than half of this coastline although they comprise less than 3 percent of the total land area. Within the 200-meter isobath, the continental and insular shelves are very narrow, and the total shelf area is only 13,700 sq. miles. The area of Ecuador's claimed 200-mile territorial sea (338,000 sq. miles) is almost 25 times that of its shelf and slightly more than three times the land area. In addition to the rich marine environment, the Pacific Ocean is of importance to Ecuador as a link to world markets; it provides the only practical means of exporting the nation's lucrative agricultural and petroleum products. The Panama Canal, about 500 miles from the northern part of the mainland, is of special significance in that it provides the easiest access to the east coast of the United States and to western Europe, its major trading partners. Ecuador's coastline affords few good natural harbors, but Guayaquil -- 33 statute miles up the commercially dc"..-:loped Guayas River from the Gulf of Guayaquil -- is the best and largest harbor on South America's Pacific coast. Ecuador proclaimed straight baselines by Supreme Decree in 1971, and waters within the baselines of both the mainland and the Galapagos Islands are considered to be internal waters. 0 SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 SECRET The 360-statute mile boundary with Columbia is demarcated and undisputed but the 840-statute mile boundary with Peru in places is undefined and in dispute. Ecuador does not recognize the protocol signed at Rio de Janeiro in 1942, which awarded about 70,000 sq. statute miles of disputed territory to Peru. Uses of the Sea Mineral Resources -- Oil discoveries in the northeast jungle region of Ecuador in 1967 markedly changed the status of the nation's estimated reserves from that of near depletion to that of 2.5 billion barrels as of 1974. Upon completion of a 313- statute-mile pipeline over the Andes to the coast in 1972, Ecuador became an oil exporter. Ecuador's oil conservation policy, however, restricts production -- daily production has been held to 210,000 barrels. Government policy calls for a 51-percent control of the Texaco-Gulf consortium (which accounts for almost all the oil extracted in the country), but Ecuador owns only 25 percent of Texaco-Gulf, and is not in a financial position to acquire more. (S) Gas discoveries in the Gulf of Guayaquil, within Ecuador's internal waters, remain undeveloped pending renegotiation between the contractor and the government for offshore rights. Projected feasibility studies for utilization of eastern Ecuador's associated gas, now being flared, include piped gas to the Pacific coast for export as liquefied natural gas. (U) No metallic minerals are mined from the seabed, and commercial exploitation of land-based minerals is negligible. (U) Living Resources -- Ecuador considers the rich fisheries within 200 miles of the mainland and the Galapagos Islands as an indispensable source of revenue for its small but rapidly growing fishing industry. The annual fish catch has doubled ? since 1965. About 80 percent of the total catch is consumed domestically, but most of the shrimp and tuna catch is exported, mainly to the United States. In 1971 the value of fishery exports exceeded US$18 million, frozen shrimp and frozen avid canned tuna accounting for more than half of the total value. (U) Although Ecuador's annual fish catch has steadily increased, the industry is still in the initial stage of development. Improvement of the fishing fleet has been slow because of the large capital requirements involved. (U) SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 SECRET Marine and Air Transportation -- Merchant shipping provides the major transportation link between Ecuador and its foreign markets and suppliers, but most of the international seaborne trade is carried by foreign ships. Although there is no overall program for expanding the small Ecuadorean fleet, plans were initiated in 1971 to develop a sizable tanker fleet to transport the increasing crude oil exports. Transportes Navieros Ecuatorianos (TRANSNAVE), a commercial ocean-transport company, was established under the administration of the Ecuadorean Navy to transport both commercial cargo and passengers. In 1972 TRANSNAVE established a joint oil transport company in which the Ecuadorean Government holds 55 percent of the capital shares and a privately owned Japanese shipping company holds 45 percent. Ecuador's cargo preference law provides that 20 to 50 percent of waterborne import-export cargo be reserved for Ecuadorean-flag ships. Coastal and river cargo and passenger service, however, are reserved exclusively for Ecuadorean-flag ships. (U) Because of the mountainous terrain and undeveloped surface modes of transportation, domestic air service is the country's only rapid means of transport between its coastal areas and its population centers in the mountains. Ecuador's domestic air service has not flourished, however, because of the nation's weak economic base. Regularly scheduled international flights are provided by eight foreign air carriers and Ecuador's national airline, Ecuatoriana de Aviation. Ecuador is a member of the International Civil Aviation Organization and has air service agreements and arrangements with at least 21 nations. (U) The Navy and Air Force -- The missions of the navy are to protect the country from seaward attack, to regulate fishing within the 200-mile territorial waters claimed by Ecuador, and to patrol against coastal smuggling. One of the poorest fleets in South America, the small naval force could provide only token resistance to the superior navies of Peru and Colombia. It is capable of controlling the country's fisheries and port facilities but lacks training, equipment, and personnel to perform adequate coastal surveillance and intercept operations under combat conditions. (C) The air force is one of the smallest in South America and is weaker than that of neighboring countries. Its missions are those normally assigned to an up-to-standard air force, but in actuality it devotes most of its time to transport and training operations. It fulfills these functions effectively, although it suffers from weaknesses, such as total dependence on foreign sources of supply. (C) SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 0 Approved For Release 1999/09/26 : QDP86T00608R000600110008-7 Political and Other Factors (S) Ecuador's foreign policy has been conditioned by the nation's economic dependence, its status as a buffer state, and the loss of claimed territories to neighboring countries. Like its prede- cessors, the present administration, which came to power in a military coup in February 1972, has continued the struggle for national identity. It has attempted to compensate for Ecuador's weakness by expressions of national independence and by assuming an active role in international forums such as the United Nations, the Organization of American States (OAS), and the Organization of Petroleum Exporting Countries. The military government faces the same basic foreign affairs problems that have plagued the nation for decades -- such perennial problems as foreign economic assistance, balance of payment deficits, and enforcing the claim to 200-mile territorial seas off the mainland and around the Galapagos Islands. It also faces new problems -- how best to deal with the foreign companies that are developing the vast oil reserves discovered in the northeast jungle region in 1967, and how to handle the revenues from oil exports which began in mid-1972. The most troublesome issue in U.S.-Ecuador relations for more than two decades has become known as the Tuna War. The dispute is based on Quito's strict enforcement of its policy of seizing and fining foreign fishing vessels found in the 200-mile zone without Ecuadorean licenses and the U.S. position that unilateral extension of the territorial sea beyond the customary 3-mile limit is contrary to existing international Ilaw. In 1971 alone, Ecuador seized more than 50 U.S. tuna boats found in the zone and collected fines and fees amounting to approximately US$2.5 million. The U.S. Government has enacted legislation to protect American fishermen and to retaliate against Ecuador and other countries that seize U.S.-flag vessels in waters which the United States considers to be high seas. Ecuador labeled these actions, particularly the U.S. suspension of foreign military sales "coercive " and has referred to th , , e new U.S. Trade Act, of which Ecuador is one of the harshest critics, as a form of economic imperialism. It has remained steadfast in its policy of "not negotiating under pressure." Except for occasional recurrences of the border dispute with Peru, Ecuador's relations with its neighbors have been good. It joined the Latin American Free Trade Association in 1961 and, more recently, helped develop the subregional plan for an Andean Common Market. In 1972 Ecuador supported Peru's effort to have the OAS reexamine the question of Cuban sanctions. President Rodriguez refers to such moves as "independent" foreign policy. SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 SECRET Outside the hemisphere, Ecuador is especially friendly with West Germany, the United Kingdom, France, Japan, and Israel -- all have provided loans, aid, or investments. During 1969 consular relations were established with Bulgaria and diplomatic relat,,'ons were reestablished with the U.S.S.R., Poland, Czech- oslovakia, Romania, and Yugoslavia. Diplomatic relations with Hungary were formalized in 1970. C. LAW OF THE SEA POLICY Territorial Sea (U) Ecuador, a staunch adherent to a 200-mile territorial sea claim, believes that all coastal states should have the right to unilaterally extend their territorial jurisdiction up to 200 miles seaward. Ecuador claimed a 3-mile territorial sea until 1951, when by Legislative Decree it extended its sovereignty to 12 miles measured from the outermost coastal projecticas including those around the Galapagos Islands. The following year, Ecuador joined Peru and Chile in the Declaration of Santiago, asserting their right to a 200-mile "maritime zone" for the purpose of conserving and protecting the natural resources of the zone and regulating the use of the resources. The three countries also agreed to consult on and to cooperate in the joint defense of their sea claims. Although the Declaration of Santiago does not refer specifically to a "territorial sea" and resembles the present "patrimonial sea" concept, Ecuador subsequently incorporated articles in its national legislation to infer strict territorial sea jurisdiction. A major change in Ecuador's civil code in 1966 definitively extended the breadth of the territorial sea to 200 miles -- it provided for total jurisdiction over the 200-mile regime. Current legislation, however, allows for "different zones of the territorial sea... subject to the regime of free navigation or of innocent passage for foreign ships." A fishing law passed in 1969 defines the territorial sea as: The adjacent sea to a minimum distance of 200 n. miles, measured from the outermost points of the Ecuadorean coast and from the points where the tide is lowest, as well as the interior waters of the gulfs, bays, straits and channels comprised within a line passing through such points, all of which is the territorial sea under the national dominion. The territorial sea is also the interior sea comprised within the 200 n. miles measured from the outermost points of the outermost islands of the Galapagos Archipelago. - 6 - SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 ? Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 On 8 May 1970, Ecuador signed the Montevideo Declaration of Principles on the Law of the Sea along with Chile, Argentina, Brazil, El Salvador, Nicaragua, Panama, Peru, and Uruguay. The Declaration rroclaimed the right of coastal states to avail themselves of the natural resources of the sea adjacent to their coasts; to' establish the limits of their maritime sovereignty and jurisdiction in accordance with geographical and geological characteristics; to explore, conserve, and exploit the nat-rc' resources; and to adopt regulatory measures within the limits of their jurisdiction. Ecuador, along with 13 other states, also approved the Declaration of the Latin American States on the Law of the Sea on 8 August 1970 at Lima. The Lima Declaration did not mention a 200-mile limit. Instead, it stated that the coastal state had the right to establish the limits of its maritime sovereignty or jurisdiction in accordance with reasonable criteria, having regard to its geographical, geological, and biological characteristics and the need to make rational use of its resources." The nine Montevideo Declaration countries held another conference in closed session in January 1971 for the purpose of forming a new strategy in the Latin American struggle for international recognition of the 200-mile claim. The Ecuadorean Ambassador, Teodoro Bustamante Munoz, explained that decisions made at the conference "were not to defend an irreversible position in relation to 200-mile territorial waters, but...to amplify their efforts on all fronts, including the involvement of all developing countries." President Rodriguez Lara reiterated Ecuador's 200-mile territorial sea claim at the inaugural meeting of the 15th Session of the Economic Commission for Latin America in March 1973, reasserting that "the Revolutionary Government of Ecuador resolutely and irrevocably defends the right to complete ? sovereignty and exclusive jurisdiction over the seas for a distance of 200 miles frG' the shore, and it rejects all measures aimed at reducing such rights." In July 1973 Ecuador, Panama, and Peru cosponsored draft articles in Subcommittee II of the UN Seabed Committee (see Annex) that, among other things, would establish a coastal state's "sovereignty and jurisdiction" adjacent to its coast for as much as 200 miles offshore. There would be "unrestricted" navigation and overflight subject to "the duties of peaceful co-existence and compliance with the provisions laid down by the coastal state as regards prospecting, exploration, conser- vation, exploitation of resources, the preservation of the marine environment, scientific research, the emplacement of Approved For Release 1999/09/26 : FUEL Ii -hDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 SECRET installations and safeguards for navigation and shipping." Although no width is mentioned, Article 5 calls for the right of the coastal state to "lay down additional provisions for the passage of foreign vessels and aircraft within a limit close to its coast," which appears to relate to a narrow territorial sea within the 200-mile zone. At the 1974 Caracas session of the LOS Conference, however, chief delegate Valencia Rodriguez said that his delegation would prefer to retain the traditional term "territorial sea" to describe the entire 200-mile-wide zone, and on 16 July Ecuador submitted draft articles in Committee II (see Annex) proclaiming that "each state has the right to establish the breadth of its territorial sea up to a distance not exceeding 200 miles, measured from the applicable baselines." Ecuador was among the few countries who objected to the summation by the Caracas session's Committee II chairman in which he indicated a growing trend in favor of a 12-mile territorial sea. Despite the consensus at the Caracas session, Ecuador still appears unwilling to admit that it may have to look to coastal states rights within the proposed economic zone to help satisfy its original reasons for claiming extensive territorial waters. Archi elagos and Straits Ecuador supports the archipelagic principles proposed in March 1973 by Fiji, Indonesia, Mauritius and the Philippines (A/AC.138/SC.II/L.15) that call for archipelago state sovereignty over waters included within baselines connecting the outermost points of their outermost islands. In Seabed Committee II discussions in March 1973 Ecuadorean representative A?;redo Luna suggested that the principles should also apply to those states whose territories incorporated archipelagic areas. This position was reiterated during discussions at the Caracas session of the Third LOS Conference, when Ecuadorean spokesman Luis Valencia Rodriguez said there should be no distinction between "archipelago states and archipelagos that form part of a state." (U) Not bordered by an international strait, Ecuador has placed no great emphasis on the straits issue, but is perhaps reserving its position for an opportune trade-off. Foreign Office Advisor Ambassador Bustamante said during bilateral talks with U.S. LOS experts in June 1974 that Ecuador fully realizes the impor- tance of maritime access, especially to smaller, trade-dependent states such as itself, and appreciates the strategic importance this issue has to the major powers. He explained that Ecuador could never impose unreasonable restrictions on merchant passage, and that perhaps certain routes could be designated for passage of naval vessels in the zone of national jurisdiction. Bustamante SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 -~CCl6 RDP86T00608R000600110008-7 40 also mentioned the Panama Canal during the straits discussion and the dire consequences for Ecuador if use of the canal were ever arbitrarily denied. (C) Continental Shelf and Coastal State Jurisdiction Beyond the Territorial Sea (U) Ecuador is not a party to the 1958 Geneva Convention on the Continental Shelf and opposes restricting the limits of national jurisdiction by means of a depth criterion. The exploitability principle of the Geneva Shelf Convention does not accommodate Ecuador because the exploitation of the seabed mineral resources off the coasts of the mainland and Galapagos Islands, even relatively close offshore, would involve operating at depths far in excess of 200 meter-. At the 1974 Caracas session of the LOS Conference the Ecuadorean delegate to Committee II said that his country's lack of a broad continental shelf was one of the compelling reasons it had established a 200-mile territorial sea. On the issue of whether the c,)astal state should have shelf jurisdiction beyond 200 miles where the shelf exceeds that limit, the delegate voiced Ecuador's support for the Argentinian position, which calls for resource jurisdiction by the coastal state over the entire breadth of the shelf, as well as a redefini- tion of the shelf limit to make it coincide with the outer edge of the geographic continental margin. Fisheries Ecuador has been adamant in its claim of exclusive control over fisheries, including highly migratory species, within 200 miles of its coast. It opposes international regulations that would require the coastal state to allow foreign fleets to fish in the 200-mile area. Ecuador asserts that the 200-mile zone is a natural boundary since it approximates the outer boundary of the Peru (Humboldt) Current. (U) Some of the world's best tuna fisheries lie within the tropical waters off the coast of Ecuador, and foreign fleets exploited this resource at will until the Declaration of Santiago in 1952, in which Ecuador joined with Peru and Chile in claiming a 200-mile maritime zone. Since then Ecuador has attempted to impose its claimed jurisdiction on all foreign fishermen, requiring them to purchase licenses to fish in the zone and often seizing the boats of violators and imposing fines for their release. U.S. tuna fishermen have continued to operate in the zone without licenses, however, because the business is highly profitable and their losses through fines and fees are reimbursable under the U.S. Fishermen's Protective Act. Ecuador maintains that SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 the U.S. reimbursement policy encourages U.S. fishermen to continue violating Ecuadorean waters, and the many discussions between Ecuador and the United States have failed to bring about a halt to the capture of U.S. tuna vessels. Between late 1963 and early 1966 while a "gentlemen's agreement" existed between the two countries, the Ecuadorean Navy limited its patrol to within 12 miles of the coast, but when the military junta was overthrown the fining and seizing of foreign fishing vessels found in the 200-mile zone were resumed. In January 1975 Ecuador promulgated a law which prohibits foreign fishing within 40-mile- wide areas adjacent to both the mainland and Galapagos Islands and prohibits licensing of fishing vessels over 600 net registered tons within any part of the claimed 200-mile territorial sea. (C) Ecuador is against any special treatment or regime for fish by species, especially for migratory fish such as tuna. In August 1973 Ecuador, along with Panama and Peru, introduced draft articles on fisheries in Subcommittee II (see Annex) that would give the coastal state complete control over all living resources in a zone as much as 200 miles wide. (U) Ecuador-U.S. tuna discussions, begun in Quito in February 1975, were continued in Geneva in March. Ecuador views the absence of a waiver of U.S. sanctions as the chief obstacle to reaching agreement on a proposed regional fishing conservation organization. In addition to possibly resolving the tuna dispute with Ecuador, the United States sees such an agreement as reinforcing its position on the highly migratory fisheries issue in the LOS Conference negotiations. (C) High Seas (U) Draft articles submitted by Ecuador, Panama, and Peru in Subcommittee II of the UN Seabed Committee in July 1973 proposed that the term 'international seas' shall denote that part of the sea which is not subject to the sovereignty and jurisdiction of coastal states" (see Annex). In addition to spelling out the freedoms that shall be exercised in the international seas "with due consideration for the interests of other states," the articles call for international and regional regulations for fishing and hunting, international pollution control standards, and international regulation of emplacement of artificial islands in the international seas. Deep Seabed (U) Ecuador supports the concept of "the common heritage of mankind" as set forth in the 1971 UN Declaration of Principles and favors a strong international authority with jurisdiction - 10 - SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 over seabed resources and activities in the area beyond the limits of national jurisdiction. At the 1974 Caracas session of the Third LOS Conference the Ecuadorean delegate said that his country's position on the international regime and machinery had been set forth in a Latin American working paper cosponsored by Ecuador in August 1971 (see Annex). The paper proposes the establishment of an international authority to control the explor- ation and exploitation of the deep seabed miners''' resources and to equitably distribute the benefits derived from deep seabed mining among all states. Deep seabed mining activities should be carried out in such a manner as to protect and conserve the natural resources of the area, the international area should be used for exclusively peaceful purposes, and the rights and interests of coastal states should be respected. The machinery for the regime would be a universal International Seabed Authority comprised of an Assembly, Council, Enterprise, and Secretariat. In the Assembly, the supreme organ of the Authority, all members of the international community would be represented, and each state member would have one vote. The Council would have 35 members elected by the Assembly, in accordance with the principle of equitable geographical representation. Each Council member would have one vote, and substantive decisions would be by a two-thirds majority. The Enterprise would undertake all activities relating to the exploration and exploitation of deep seabed resources, either by itself or through a system of contracts or joint ventures. The Secretariat would be the administrative arm of the Authority. At the 1974 Caracas session the Ecuadorean delegate to Committee I mentioned five points important to Ecuador concerning the deep seabed: -- an international regime and machinery with power to regulate and control all matters; -- an international authority with sufficient powers and flexibility to adapt to changes resulting from technical progress and to ensure the marketing of raw materials; -- an enterprise to exploit the seabed directly or jointly with states or companies; -- an all-powerful Assembly, composed of all the members, each having equal power, and no weighted voting; and -- no suspension of the moratorium on deep seabed mining until adoption of the inter- national regime. SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 SECRET Landlocked States Draft articles cosponsored by Ecuador in July 1973 (see Annex) call for the right of a landlocked state to free access to the sea through neighboring coastal states for such uses and prefer- ential regimes as may be agreed upon with neighboring coastal states in the waters claimed by the latter; and to preferential regimes, under regional or bilateral agreements, within the waters claimed by coastal states not adjacent to the landlocked state in the same region. In preparation for the 1974 Caracas session of the Third LOS Conference, however, an Ecuadorean interministerial committee recommended that any concessions to the aspirations of landlocked states should be conditioned on their support for the 200-mile thesis. Ecuador views as unacceptable the proposals presented by Bolivia and Paraguay at the 1974 Caracas session regarding the rights of landlocked states in a regional economic zone. While maintaining that "landlocked states have an incon- trovertible right of access to the sea," Ecuador contends the right is subject to certain criteria: vessels should be owned in, and sail under the flag of, the landlocked state; and the coastal state should have the right to collect for services rendered, designate ports, and prescribe the means of access. (S) In August 1971, Ecuador cosponsored a Latin American working paper (see Annex) in the UN Seabed Committee advocating special consideration for developing countries, including landlocked states, in the distribution of benefits from the exploitation of seabed mineral resources of the international area. Similar consideration for equitable participation by landlocked states in the exploitation of fisheries in the international area was proposed in Subcommittee II draft articles cosponsored by Ecuador in August 1973 (see Annex). (U) Marine Pollution Marine pollution is not an issue of primary concern For Ecuador, except in its relation to the territorial sea issue. Although it appears willing to accept international standards in its zone of national jurisdiction, Ecuador believes that the coastal state should have complete authority to enforce these standards and that the coastal state, if necessary, should have authority to set additional standards within its zone of jurisdiction. An Ecuadorean delegate at Caracas explained that a coastal state's right to define the limits of its territorial sea up to 200 miles entailed the right to enact necessary provisions for preservation of the marine environment in the area under its jurisdiction, taking into account the interests of the international community. The delegate drew attention - 12 - 0 SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 SECRET to proposals submitted to Subcommittee III in July 1973 (see Annex) which emphasize the individual responsibility of each state to prevent and combat pollution "in order to preserve the marine environment as a basic tool of subsistence and economic develop- ment." The articles hold each state liable for pollution damage caused to the marine environment of other states or to the international sea by discharges from its territory, from waters under its jurisdiction, and from vessels flying its flag. The articles also emphasize coastal state cooperation with regional d i an nternational organizations, and free exchange of scientific and technical information on marine pollution. An international body would be established to centralize and coordinate all information relating to the control of marine pollution and promote international cooperation. (U) At the Caracas session, Ambassador Bustamante, senior Foreign Office adviser on territorial sovereignty issues, indicated in discussions with U.S. officials that Ecuador could support international standards for vessel-source pollution. (C) Scientific Research Ecuador considers complete coastal state control over marine research within its area of sovereignty and jurisdiction as essential to the development of its economy. At the August 1971 Seabed Committee meeting, the Ecuadorean representative stated that "scientific research activities carried out in areas coming under national jurisdiction should be subject to the law of the state concerned, and such research should be published. Activities undertaken in areas beyond national jurisdiction should be subject to the provisions of the international regime." In the July 1973 Subcommittee III meetings, Ecuador cosponsored draft articles on scientific research (see Annex) that would require the consent of the coastal state before research could be conducted in its ? area of jurisdiction. (U) Transfer of Technology Ecuador's interest in the matter of transfer of ocean technology from the advanced nations to developing countries is reflected in its cosponsorship of draft articles on the development and transfer of technology at the 1974 Caracas session of the LOS Conference (see Annex). Among other things, the articles call for all states to promote the scientific and technological capacity of developing states by facilitating the dissemination of data, training of personnel, and transfer of technology. (U) SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 SECRET D. KEY POLICY MAKERS, LOS NEGOTIATORS AND ADVISERS General Guillermo Rodriguez Lara, President of the Republic, Is the supreme power and all national policy decisions are coordinated with him. Demonstrating considerable interest in LOS matters, he often publicly expresses his determination to tain the country's sovereignty over 200 miles of territorial waters. An interministerial LOS task force sets forth the national LOS position. The task force includes the Secretary for Fisheries of the Ministry of Natural and Energy Resources and representatives from the Security Council, the Honorable Consultative Council, the Territorial Sovereignty Department of the Foreign Ministry, and the Department of the Navy of the Ministry of National Defense. The majority of the members of the LOS task force were also members of the Ecuadorean delegation to the Third LOS Conference. (C) The delegation to the 1975 Geneva session included three delegates and five advisers. The delegates were Luis Valencia Rodriguez, who headed the delegation; Rafael Garcia Velasco, former Foreign Minister who now serves on the LOS task force; and Dr. Guillermo Maldonado Linces, former Agriculture Minister who now serves as Ecuadorean Ambassador to UN Organizations at Geneva. (U) A listing of Ecuadorean attendees at one or more of the three sessions of the Third UN LOS Conference and the UN Seabed Committee preparatory sessions for the Conference follows. (U) SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 SECRET Mr. Washington HERRERA Commercial Counselor to the UN Cdr. Raul JARAMILLO DEL CASTILLO Ministry of Defense Seabed Committee Session Third LOS Conference Mar 71 Jul Aug 71 Feb Mar 72 Jul Aug 72 Mar Apr 73 Jul Aug 73 Dec 73 Jun- Aug 74 Mar- May 75 X ty X X X X X X X X X X X X X X X X X X X * See following pages for biographic sketch. - 15 - SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Ministry of Foreign Affairs Adviser for Territorial Sovereign *His Excellency Gonzalo ALCIVAR Ambassador *Mr. Jose AYALA LASSO Director General for Territorial Sovereignty Ministry of Foreign Affairs His Excellency Leopoldo BENITES Ambassador Extraordinary and Plenipotentiary Permanent Representative to the UN *Dr. Teodoro BUSTAMANTE MUNOZ Adviser for Territorial Sovereignty and Acting Chief of the Legal Department Ministry of Foreign Affairs *Rafael GARCIA VELASCO Advisory Member, Studies and Investigations Commission Ministry of Foreign Relations Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 SECRET LOS Conference Attendees (u) Dr. Hugo JATIVA Minis ter Alternate Representative to the UN Cdr. Marco Arturo LEON DUEAS Navy Dr. Alfredo LUNA Ambassador Rear Adm. Auerelio MALDONADO Dr. Guillermo MALDONADO LINCE Ambassador to UN Crgani; 'ations in Geneva Dr. Jose R. MARTINEZ COBL Ambassador Permanent Representative to the UN Rear Adm. Edmundo MENA SALVADOR National Security Council Cdr. Franklin MOLINA Navy *Jaime MONCAYO GARCIA Minister of Finance Dr. Eduardo MORA ANNA Foreign Office and Secretary to the Delegation Dr. Jose NAJERA ESPINOSA Deputy Permanent Representative to the UN; Director for Economic Affairs Ministry for Foreign Affairs Seabed Committee Session Jul Feb Jul Mar Jul Mar Aug Mar Aug Apr Aug 71 71 72 72 73 73 X x Third _ LOS Conference __ Jun- Mar- Dec Aug May 73 74 75 X X X X X X x X X x x x x X x X x * See following pages for biographic sketch. - 16 - SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 SECRET Third _ LOS Conference Attendees (U) Seabed Committee Session LOS Conference Jul Feb Jul Mar. Jul Jun- Mar- Mar Aug Mar Aug Apr Aug Dec Aug May 71 71 72 72 73 73 73 74 75 Dr. Edmundo NAVAS Navy Dr. Jose Federico PONCE Ambassador Chairman of the Ecuadorean Delegation to the 28th Session of the UNGA Dr. Luis PONCE ENRIQUEZ Ambassador Counselor to the Ministry of Foreign Affairs Dr. Abelardo POSSO Second Secretary UN Permanent Mission *Mr. Oswaldo RAMIREZ LANDAZURI Consul General in Barcelona (former Director of the Depart- ment for Territorial Sovereignty ) *Cdr. Hernan RICAURTE MIRANDA National Security Council; Director of Logistics Navy General Staff Cdr. Rodrigo RIVADENEIRA (former Subsecretary for Fisheries, Ministry of Natural Resources) Lt. Francisco RIZZO Navy Dr. Manuel ROSALES CARDENAS Juridical Advisor Ministry of Natural Resources X x X x x x x X X x x X x X x X X X x See following pages for biographic sketch. - 17 - SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/0PL/T: CIA-RDP86T00608R000600110008-7 LOS Conference Attendees (U) Horacio SEVILLA BORJA Counselor Alternate Representative to the UN Dr. Antonio VACA *Dr. Luis VALENCIA RODRIGUEZ Ambassador to Peru; Head of Delegation to Third Los Conference Seabed CommfttCe Session Jul Feb Jul Mar Jul Mar Aug Mar Aug Apr Aug ?~ 71 72 72 73 73 x Dec 73 on e Jun- Aco 74 Ma r- May 75 X X X X * See following pages for biographic sketch. - 18 - SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 C f d 0 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 25X6 Next 8 Page(s) In Document Exempt Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26&&c(atA-RDP86T00608R000600110008-7 ECUADOR Part II - Background Information* Geography World region: Latin America Category: coastal Bordering states: Colombia, Peru Bordering bodies of water: Pacific Ocean Area of continental shelf: 13,700 sq. mi.** Area to 200 mi. limit: 338,000 sq. mi.** Area to edge of continental margin: 52,600 sq. mi.** Coastline: 1,390 statute mi.** Land: 106,000 sq. statute mi.** Population: 6,705,000 (excluding nomadic Indian tribes) Industry and Trade GNP: $3.1 billion (1974), $450 per capita Major industries: fool procensing, textiles, chemicals, fishing, petroleum Exports: $834 million (f.o.b., 1974); bananas, petroleum, coffee, cocoa, sugar, fish products Imports: $602 million (c.i.f., 1974); agricultural and industrial machinery, wheat, petroleum products, chemical products, trans- portation and communication equipment Major trade partners: exports -- U.S. 35%, EC 15%, Japan 5%; imports -- U.S. 33%, EC 26%, Japan 11% (1973) Merchant marine: 14 ships (1,000 GRT or over), totaling 119,100 GRT; 8 cargo, 6 tanker (C) Marine Fisheries Catch: 105,000 metric tons; imports -- negligible (1971); exports $30.3 million (1973) Economic importance; significant Species: tuna, shrimp Marine fisheries techniques: coastal, deep-water Other countries fishing off coast: U.S. , Canada, Japan * Unless othezwise indicated, individual items are Unclassified/ or Official Use Only. Classification designations are (C) Confidential and (S) Secret. ** Includes Galapagos Islands (Archipielago de Colon) - 28 - SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 SECRET Petroleum Renourcen Petroleum: production -- 59 million 42-gal. bbl. (8 million metric tons) onshore; proved recoverable reserves -- 2,500 million 42-gal. bbl. (340 million metric tons) onshore (1974) Natural gas: production -- 5.6 billion cubic feet (1.6 billion cubic meters) onshore (1974); proved recoverable reserves -- 6,000 billion cubic feet (170 billion cubic meters) onshore (1971) Navy (S) Ships: 2 patrol escorts (PF), 2 escorts (PCE), 3 fast patrol craft (PTF), 2 motor gunboats (PGM), 5 river/roadstead patrol boats (PBR), 3 amphibious warfare ships, 4 auxiliaries, 4 service craft Government Leaders President, General Guillermo Rodriguez Lars. Foreign Minister, Antonio J. Lucio Paredes Benites Multilateral Conventions Chile-Ecuador-Peru. Declaration of the Maritime Zone. Santiago, August 18, 1952. IMCO Convention. July 12, 1956. Nuclear Test Ban Treaty. May 8, 1964. Declaration of Montevideo on the Law of the Sea. May 8, 1970. Declaration of Lima on the Law of the Sea. August 4-8, 1970. Membership in Organizations Related to LOS Interests ECOSOC ........................ Economic and Social. Council IADB .......................... Inter-American Defense Board IAEA International Atomic Energy Agency ICAO .......................... International Civil Aviation LAFTA and Andean Sub-Regional Group (created in May 1969 Organization within LAFTA) ............... Latin American Free Trade Association OAS ........................... Organization of American States Seabed Committee .............. United Nations Committee on the Peaceful Uses of the Sea-Bed and Ocean Floor beyond the Limits of National Jurisdiction UN United Nations SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 SCCI U?T Prenent Ocenn Claims* `Type Date Terms Source, Noteo Territorial 3.930 3 ml. Art. 582 Book II Rogistro Sea Official 2-b-510 1951 12 mi. Decree Law of Feb. 21, 1951, Regjp_tro Official, Mar. 6, 1951 1966 1/ 200 mi. Executive Accord of Nov. 10, 1966 Decree Law 1542 Continental 1951 200 meters Leg. Decree, Feb. 21, 1951 Shelf Including sovereignty over supcrjacent waters Rogistro Oficial No. 756, Mar. 6, 1951 Exclusive 1938 12 mi. Reg. of Feb. 2, 1938 Fishing 1951 200 mi. Civil Code Decree Law 003, Feb. 22, 1951 Fisheries 1969 200 mi. Law 110 CL Off. Reg. No. 132 Conservation Mar. 10, 1969 1938 12 mi . 1966 200 mi. Security 1938 12 mi . 1966 200 mi. Criminal 1938 12 mi. Jurisdiction 1966 200 mi. * Principal Source: Limits of the Seas, National Claims to Maritime Jurisdictions, 2d Revision, State Dept./INR April 1974 Declaration on the Maritime Zone of 1952; as incorporated into domestic law provides sole jurisdiction and sovereignty over the area of the sea, the subsoil and seabed adjacent to their coastlines and extending to a line parallel to, and not less than 200 mi. from said coastlines. Rigistro Official, Nov. 11, 1966 at 18 (200 mi. territorial sea). Apr 23, 1971, Proposed Revisions of 1946 Constitution to add 200 mi limit. Art. 4, 6, 633, and 633 A. - 30 - SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIh?EWP86T00608R000600110008-7 0 Type Neutrality Sanitary Pollution Straight Baselines Pretient Ocean Claims (con't) Source, Notes 1966 200 mi. 1966 200 mi. 200 mi. 1971 Around the Supreme Decree No. 958 of Galapagos and Mainland June 28, 1971 (outermost islands) Bistro Oficial No. 265 of July 13, 1971. See Limits of the Seas No. 42. SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26kc4A-RDP86T00608R000600110008-7 Action on Significant UN Resolutions Moratorium Resolution In favor (A/RES/2574 D, XXIV, 12/15/69) Pending establishnrjnt of international regime, States and persons are bound to refrain from exploiting resources of or laying claim to any part of the seabed and ocean floor beyond the limits of national jurisdiction. LOS Conference In favor (A/RES/2750 C, XXV, 12/17/70) Convene in 1973 a Conference on Law of the Sea to deal with establishment of 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 In favor (A/RES/2992, XXVII, 12/15/72) Called upon littoral and hinterland states of Indian ocean area, permanent ,embers 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 Against (A/RES/3029 B, XXVII, 12/18/72) Called for study of extent and economic signifi- cance in terms of resources, of international area resulting from each proposal of limits of national jurisdiction presented to Seabed Committee. Peruvian Coastal State Study Resolution In favor (A/RES/3029 C, XXVII, 12/18/72) Called for study of potential economic signifi- cance for riparian states, in terms of resources, of each of the proposals on limits of national jurisdiction presented to Seabed Committee. Permanent Sovereignty over Natural Resources In favor (A/RES/3016 XXVII, 12/18/72) Reaffirmed right of states to permanent sovereignty over all their natural resources, wherever found. - 32 - SECRET Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 0 e 0 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 JNITED NATIONS GENERAL ASSEMBLY CCM ttTTEE ON THE PIMCEFUL USES OF"THE SMA-BED AND THE OCEAN FLOGR BEYOND THE LIMITS OF NATIONAL JURISDICTION Dlutr. GENERAL A/AQ.138/49 4 August 1971 ORIGINAL: ENGLISH AND SPANISH Dual dintribution WORKING PAPER ON THE REGIME FOR THE $FA 11JD AND OCEAN LOOK AND ITS SUBSOIL BEYOND THE LIMITS OF NATIONA Submitted by Chile, Colombia, Ecuador, El Salvador, Guatemala, Guyana, Jamaica, Mexico, Panama, Peru, Trinidad and Tobago, Uruguay, Venezuela. ............... ............... CHAPTER I Fundamental principles art. 1.- Tho Sea Bad and Ocean Floor and the subsoil thoreof beyond the limit; u1 national jurisdiction (h3roinaftor roferrad to as "th area") as well as its r~,ac.urce3 are the cornon herita63 of mankind. :.rt. 2.- The area and its resources shn1l not be subject .o paropriaticn b r:tir ree r; V ha- tSGev3r by State3 or persons, nt turcl or juridical, and no State ci:?.in or exercise sov,~raignty ovz)r an.., part of the area and its resource;, r:_. x: .11 it :lain or exercis3 any rights :pt a9 hereinafter provided. >> ~? 3.- Ex-lusi?ra jurisdiction over tLo area and aci inistration of its :a3~1:ee~ :: sll to e:csrc9.S:~d on behalf of mankind by the Auth. rity established under this Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Art. 4.- The bunofits obt,,inod from axp,loltc.Lion of the ronouroon of th;, ;:ro-. r;h'.:.] b: distributed oquit..bly ?mong -11 St ,tui;, Jrrospoetivu of their guogrrphior1 loortion, giving apooial ooncidarction to thu inturo Ls and noodn of dovoloping countries, whether coustml or landlockod. Art. 5.- Exploitation of the resources of the ctron shc11 be carried out in a rational m:.nnor so as to ensure their oonaorvrr,tion and to minimize my fluctuation in tho prioo.i of minerals and r;.w m-.tarials from torrustri;1 sources that may result from s'loh oxploitation and tdvoraoly :,affect thu exports of tho dovoloping countries. Art. 6.- All r.ctivitios in the r_ro;; oh:.3.1 be o;,rriod out in such r m=or as to protect and conserve the natural resources of the .ron u.nd to prevent d:.mngo to the f %unr. and flora of tho marine environment. Art. 7.- Tho aroa oh^11 be used ?3xoluaivoly for po;;coful purposes. Art. 8.- In the notivitios cc,rricd out in the Aron., thu rights rand logitimatu intoreats of coastal Stctos ahc]1 be respected. Consultations ah'.11-bo maintained with the coastal Strtos concerned with respect to -.otivitioa relating to the exploration of the are. and the exploitation of resources with view to avoiding infringement of such rights and interests. Coastal States shall h;.ve the right to adopt such measures as may be necessary to prevent, mitiguto or eliminate grava danger to their coasts or related int?arosts that may result from pollution, the thro?t of pollution or from :any other hazardous occurrences resulting from or caused by such activities.. CHAPTER II The Authority. Mombars. Functions ;old Powers. Art. 9.- The Partias to this Convention do hereby establish cn International Authority for the Soo bed, heroin referred to :s "The uthority". Art.10.- The seat of The Authority shell be - It nicy be tranaforred by the Assembly on the affirmative vote of two thirds of its members. Art.ll.- Membership in the Authority sh:11 be open to :11 States. Art.12.- The Authority eh--I1 hove such intern:tionrl leg;1 capacity as m'y be nocese:.ry for the exercise of its functions rind the fulfilment of its purposes. Art.13.- The Authority shall enjoy in the territory of each of its members, such privileges and immunities as are necess,.ry for the fulfilment of its purposes. Art.14.- The International Seabed ;authority, hereby eat-.blishod, is empoworods (r.) to provide for the orderly :rd s:.fa davulopm3nt and ration; l menr.gement of the area =d its resources for the benefit of mankind; e Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 (b) to undertake scientific rosoaroh in the rxo-; (o) to undertako exploration of the area, and oxploit:.tion of its resohrooe us well as all activities relating to production, processing and marketing; (d) to provide for the equitable sharing of benefits deriving from the exploration of the nror. and the exploitation of its rosoyrooo, taking into account the spooirl interests and needs of the developing countries, whether landlocked or coastal, in accordance with precise criteria to be established by the Assembly; (e) to take all nooosarry measures, including inter nlin, control, reduction or susponoion of production or fixing of prices of products obtained from exploitation of the aroa, whenever it dooms that such production may huvo adverse ooonoaio effects for developing countries, oxportors of r;-,w matorLlo; (r) to take measures to prevent, mitigate or eliminate pollution or the throat of pollution r.a well as other hazardous occurrences resulting from or ?caused by any activities in the. area; (g) to sake, on the initiative of interested 3t,-tea or in agreement with them, such regional or subrogional crrangomants, including the estr.biishmont of subsidiary organs and regional or subregiontil facilities, as it dooms necessary for the exercise of its functions; (h) to tako measures to ensure the implementation of the principles and provisions of this convention. Art.15.- The Authority shall itself undertnke exploration and exploitation activities in the areal it may, however, avail itself for this purpose of the services of persons, natural or juridical, public or private, national or intern:tionrl, by a system of contracts or by the ost^blishmant of point ventures. The Authority itself may also undertake scientific research. It may authorize other persons to carry out or under- take ouch research, provided that the Authority may supervise any research authorized by it. Art.16.- In order to ensure the participation of developing countries on terms of equality with developed countries in all aspects of the activities carried out in the area, the Authoritys (a) shall establish oeeanogr..phic institutions on a regional basis for the training of nationals of developing countries in all aspects of marine science and technology; Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 (b) eh:-11 provide to developing countries on request technical assistance and exports in the field of oceanographic exploration and exploitation; (o) shall adopt all appropriate mLasuroe to ensure the employment of qualified personnel from developing countries in all aspeot;; of the activities carried out in tho (d) shall give priority to the location in developing countries of processing plants for the resources ext.aotud from bho area; (q) shall, in the conclusion of contracts and the establishment of joint ventures, give due consideration to entities from developing countries; shall make adequate piano to promote the creation and development of such entities and reserve zones within the area for preferential exploitation by such entities. Art.17.- Authorization for 'scientific research shall. be granted to any entity r;lfering, in the judgment of the Council, the necessary guarantees as to its teohnical competence and undertaking to assume responsibility for any damage that may be oaused to the marine environment and to comply with the regulations adopted in this regard by the Authority. Such authorization may be denied whenever, in the judgment of the Councils there are reasons to believe that the proposed activities do not have a peaceful purpose, or that they are to be pursued with a view to financial gain or that they are likely to involve risks to the marine environment. Authorization may also be revoked at any time for violation of the appliodble regulations adopted by the Authority. Art.18.- The Authority shall at all time have access to all research data as well as to interim and final results of research. Such results and data must be communicated to the Authority before their publication or communication to other institutions or govbrn rants. Art-19.- The Authority has the right to supervise at all times all stages of any scientific research programme which is carried out in the area or to participate in any or all stages 'of such research whenever it considers partiuipation desirable. CHAPTER III STRUCTURE Organs Art.20.- The principal organs of the Authority shall be the Assembly, the Council, the Internati,vidl Seabed Enterprise (ISBE) hereinafter referred to as the Enterprise, and the Sebre tariat. Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 i CTION 1 Tau Ansombly Art.21.- The Assembly shall be the supremo organ of the L-Itomtional Sonbod Authority and shall consist of all States members c,i the Authority. Art.22.- The Aneaably shall moot in ordinary session nnnually. Extrnordin&ry ooooionn of the Assembly shall be convoked by the flea rotury-Gonors1 nt the request of the Council or of a simple mnJority of the members. A simple majority of the members shall constitute n quorum at mootiinga of the Ansombly. Each to msmbor of 1'ie Assembly shall have one Voto. Decisions or the Assembly shall be t'kon by a majority of the members prooont?and voti g. Art.23.- The Assembly may discuss and aooido on any qucntiona or ony matters within the,ecopo of the present Convention or relating to the powers mid functions of tho' A.thority as amaodiod in Article 14, and give directions to the Council and other organs of the Authority on any of those questions or matters. Art.24.- The Assembly shall intor alla be empowered: (a) to elect its President and othor officora; (b) to elect the members of the Council after having determined the group to which each Contracting Party will belong for the purpose of those elootione, in accordance with the torms of Article on the distribution of netts; (o) to determine its rules of procedure and constitute such subaidinry organs as it may consid"r necessary or desirable; (d) to decide on the question of contribution; (e) to approve the Authority's budget; (f) to consider the annual reports from the Council and the Scare tart-Gbneral' as well as any special ones which it may receive, including those submitted upon its own request; (g) to approve the regulations proposed by tho Council relating to tho' forhation of contracts cnd joint-ventures with juriciccl persons, duly sponsored by States for the exploitation of the resources of the area; (h) to approve the report of the Enterprise, submitted through the Council; Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 (i) to adopt procino oriturin for the sharing of bonofitn no well as approvo annually tho plan nubmittod by the Council on the basis of ouch criteria; (J) L uostion of the powurn ?nd functions of the Assembly relating to the Entorprin7. (k) to decide from time to timo which parts of the area are open to exploration and exploitation, and to ootnblinh an may be doomed necessary for tho orderly development of the area and preservation of the marine onvironmont and its living rooourcen, reserve areas free from exploration rod exploitation. Art.25.- The Assembly shall establish, an an advisory body to the Counoil, a Planning Commission to draw up plans and make rooonmondationo, an may be necessary, for the devolopmont and use of the area and its rooouroon, including appropriate measures for the strengthening of the technological capability of developing oountrios and for preventing any fluctuation in the prices of raw materials that may advorooly affect the oo'noop of developing countries. $ TxQN 2 gOUNC]Z Art.26.- The Council shall comprioo 35 members and shall moot as often an nooeaoary for the performance of its functions. Art.27.- Hombers of the Council shall be elected by the Asnemb]y, from the lints prepared in accordance with Article... having duo regard to the principle of equitable geographical representation. Art.28.- The members of the Council shall serve for a term of three yearn and shall be eligible for re-election. Elections shall be hold every year. The Assembly shn determine, by drawing lots, actor the first election, that the mandate of twelve members shall expire at the and of one year and that of tvolve other members at the end of tvo; years* Art.29.- Each member of the Council shall have one vote. Substantive decisions of the Council shall be made by a two-thirds majority of the members of the Couboil present and voting. Procedural decisions (including the question as to whether a particular dooieim is substantive) shall be made by a simple majority of members of the Council present and voting. Art.30.- The Council shell elect its Chairman, three Vice-Chairmen and one Rapporteur for a term of one year. The Chairman, or in case of his incapacity, the Vico-Chairman, appointed by him shop: Convene and conduct the meetings of the Council and carry out such other functions as may be assigned,to him by the Council. ? Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Art 31.- Any Contracting Party not represented on the Council may participate without vote in the oonsidoration by the Council of any question which is of particular interest to it. Art-32.- The powers and duties of the Council shall. be toy (a) eubnit annual reportot,to the Assembly as well as spooial reports which it may doom neoossary or when requested by the Assoublyi (b) determine Its rules of procedure; (a) propono to the Assembly tho ostabliohmant of subsidiary orgdnaj, as :"^y be necoanary or desirable, and the definition of their duties; (d) to make-reoaamoridations to the Assembly as to the contribution of member States; (o) submit proposed budgets to the Assembly for its approval, and supervise their execution; (f) issue regulations pertaining to all activities undortskon in the nroai including those related to the resources thoroof, and supervise those activities., in accordance with such oriterirtns may be laid down by the Assembly; (g) submit to the Annombly propoood rules and regulations on the formation of joint ventures with juridicrl persona, duly sponsored by Statoa, for the exploration and exploitation of the rosourcos of the area; (h) submit to the Assembly the ccclo of distribution among Contracting Parties of benefits from notivities in the stun; (1) authorize scientific rosearch in the are.-%; (j) not rules and standards for the prevention of pollution and contamination of the marine environment from seabed activities; (k) cdoptj, for the benefit of developing countrioa, measures designed to attain the aims sot forth in Art. 16. (1) to make recommendations to the Assembly with respect to reserve are.s as provided for in Art. 21.j; . LIm) (question of the powers and flmc"ions of the Council with regard to tha Entorprise)J Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 "_7fION 3 TIP: J N 'ERI'RISE Art-33.- Tho Erttor-rico in the organ of ti, Iuthority ompoworod to undertake all tochnioci, industrial or oommaroiel activities relating to the exploration of the aroa and exploitation of its resources (by itself or in joint ventures 4th juridioa: persons duly sponsored by ,Stctos). Art.34-- Tho Enterprise shall bavu an indopondont logtil personality and ouch legal capacity as may be neooooas'y for the oxoroioo of its functions and the fulfilment of its purpoooc. Art.35.- (Questions relating to the structure and funotibne of the Enterprise). 5F,_CPIOA' /. THE ,ECJ MARIA Art-36.- There shall bo a S::crotary-Gonoral, o:.octoc by the Assembly for a term of five yo:,ro. The Secretary-Gonoral s% ll be the nhiof administrstivo officer of the Authority. Art-37.- The Soorotr.rj-Gener'.1 nhri. act in that onpcoity in all meetings of the Assembly and the Council wd shc?1 perform such other duties as are entrusted to him by those orgms. He shall make n annul report to the Assembly an the work of. the Authority. Art.38.- The Secretary-Gen,ral shnla act in ,n advisory capacity to the Enterprise. Art-39.- The Secretary-Goner-L shall be responsible for the distribution of all information obtainod from scientific research. in the area. i-rt.40.- The Secretary-Gonerel shc11 draw the attention of tho Council to eiq matter which in his opinion may require its urgent oonsidoraticn. Art.41.- In the performance of their duties the Seoretary-General and the staff shall not seek or rocoivo instructions from any Government or from any .ot:ier authority external to the Authority. They shall refrain from any action which might refloot on their position as international officials responsible only to tho Authority. Art.42.- Each Member of the Authority undertakes to respect the exclusively intor- national character of the responsibilities of the Socretary-General and the stab' and shall not seek to influence them in the discharge of their responsibilities. Art.43.- The staff shall be appointed by the Secretary-Genorrl under regulations established by the Assembly. ? 9 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Art./r4.- Appropriate staffu shad be pormanontly assigned to tho Asoombly and the Council, and# an roquired,'to other organs of the Authority. Those staffs shall form a part of the Sooretariat. Art.45.- The paramount conoidoration in the eep1oyment of. the nt,%tf and in .the deteraination of the conditions of oervioe shall be the neooeoity of securing the highest standard* of offioienoyp oompotonoo, and integrity. Duo regard oholl'be paid to the importance of recruiting the staff on ne wide a geographical basis in possible. C} ZMAMOF DISPVIES CHAPTER V FINAL PW7 ISIQN3 (Questions relating to amondmonte, ratifioationo aoooesionep roservations, entry into foroeo eto.) Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 0 UI\1lIL'U NATIONS C. ENi-. f:AL A ` SEMB(_ I' CUlll117!'1'J11) Oil THE 11113MI]PUL UM-',()' OF T1,1173 ;3plA " flJ) AND T11G) OC1"J11T VIpOJ 1119YON.D '1'111; LIIIIT;i OF NATIONAL JURISDICTION Dintr. LIMI'TI W A/AC .1-30/00 . I I/L. 27 13 July 1973 ENGLISH Original: SPANI311 DtAIN'T ARTICLES FORINCLUSION IN A CONVIi;NTION ON T1fl LAW OF THE SEA Worlcin, paper eubmittod by the dolegations of Louador, Panama and Peru PART I ADJACENT SEA Suction I -? General provinions 0 Article 1 1. `l'hesovereignty of the coastal State and, consequently, the exercise of its juri.cdiotion, cha].1 extend to the sea adjacent to its coast up to a limit not oxccodin; a distance of 200 nautic,:1 miles measured from the appropriate baselines. 2. The aforesaid oovercignty and jurisdiction shall also extend to the air apace over the ad jace>>t sea, as troll as tc its br-,d and oubsoil. Article 2 It shall be the respon.^,i1ility of eveiy coastal State to fix the limits of the adjacent sca under its sovereignty and jurisdiction; within the maximum distance :eferrccl to in article 1, with due regard to reasonable criteria taking account of the relevant geographical, geological, eco].ogical, economic and social factoro, as well. an of considerations of the preservation of the marine environment and of national security. Section II - Baselines ... (Provisions on delimitation between States whose coasts are opposite or contiguouc) . ..................................................................... Article 1. The area of sovereignty and jurisdiction of an archipelagian State may be measured from straight brtcelines joining the outermost points of the outer islands and reefs of the: archipelago. ? Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Ap, elease 1999/09/26 : CIA-RDP86T00608R000600110008-7 . P7 i,ngo 2 2. In such casen, the watern oncl,onod by the baselines shall be considered internal waters, though veosolo of any flag may sail in them, in accordance with the provisions laid down by the archipoingian fltatc. ... (Complementary r rviviono) ................................................. Article d Section III - Navigation regime 1. In the sea under the sovereignty and jurisdiction of the coastal State, vessels of any flag may nail freely, without ractriotiono other than those imposed by the duties of peaceful co-oxiotonco and compliance with the provisions laid down by the coastal State as regards the prospecting, exploration, conservation and exploitation of resources, the - preservation of the marine environment, scientific research, the emplacement of installations and safeguards for navigation and chipping. 2. In so far as they are relevant, the provisions of the preceding paragraph shall also apply to aircraft. Article Notwithstanding the provisions of article 4, the coastal State may lay down additional provisions for the passage of foreign vessels and aircraft within a limit close to its coact, for the purpose of safeguarding national peace, order and security. ... (Complementary provisions, including passage through straits used for international nevigation) .... ................................................... Article 6 Section IV - Natural resources regime The renewable and non-renewable resources of the sea, and of its bed and subsoil, within the limits referred to in article 1 shall be subject to the sovereignty and jurisdiction of the coastal State. Article ' The prospecting and exploration of the adjacent sea, as i:ell as the exploitation of its non-ronei?,able resources, shall be subject to the regulations of the coastal State, which may reserve the aforesaid activities for itself or its nationals, or permit them to be carried out by third parties in accordance with the provisions of its internal legislation and of any relevant international agreements it may conclude. Article 8 The prospecting, protection, conservation and exploitation of the renewable resources of the adjacent sea shall also be subject to the regulations of the coastal State and to any relevant agreements which it may conclude, with due regard, so far as may be appropriate, to co-operation with other States and the recommendations of international technical organizations. (Complementary provisions on natural resources) ............................ ? Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 A/A C .133/1iC . 17/1,. 2-1 pa go 3 0 Snotion V - Poll.u.tion control. rcg:i.iva Article 9 It hall be the rooponuibil.ity of the coastal Stato to eutublish meauuren to prevent,, reduce or eliminate in its adjacent son any damago or rioku ariuing from pollution or other effects dotri.montal or dangorous to the ecological system of the marine onvironment, water quality and use, living; rocouroon, hwnun health and the d*e6P14 4..i.cw of its population, with dvo regard to co-operation with oth : States and tho rooommnndationn of international technical organizations. ... (Complementary provinicnu on pollution) ...................................... Section V.T. - Scientific research r6lz mo Article 10 1. It shall be for the coastal State to authorize any scientific research activities that may be conducted in its adjacent eoa; the coastal State shrill also have the right to participate in such activities and, to rocei.vc the results obtained. 2. In the regulations which it establishes for this purpose, the coastal State shall bear particularly in mind the desirability of promoting and facilitating such activities and of co-oporating, with other States end international organizations in disseminating the results of the research. ? ... (Complementary provisions on scientific research) ............................. Section VII - Regime governing';_nstallations Article 11 The coastal State shall permit the laying of submarine cables and pipelines in its adjacent sea, without restrictions other than those that may result from the provisions referred to in article 4, paragraph 1. Article 12 The emplacement and use of artificial islands and other installations and devices on the surface of the sea, in the water column and on the bed or in the subsoil of the adjacent sea shall be subject to authorization and regulation by the coastal State. ... (Complementary provisions on installations) ................................... Section VIII - Rerrional and subreli.one: regimes Article 13 1. In re4cions or subregions in which certain coastal States, owing to geographical or ecological factors, are unable, before all their coastlines, to extend the limits of their sovereignty and jurisdiction up to distances equal to those adopted by other coastal States in the sane region or subregion, the former Statcu shall enjoy, in the seas of the latter States, a preferential regime vas- -vis third States in ? Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Apoease 1999/09/26 : CIA-RDP86T00608R000600110008-7 pager matters relating to the exploitation of renotrablo resources, tho said regl.mo to be dotoiinined by xagional, nubrogional or bilateral agreements taking into account the interests of "to roupoctivo States. 2. Enjoyment of the preferential rGgimo referred to in the preceding paragraph shall be reserved to nationals of the usufructuary States for internal two. Article 14 The coastal Stator of a single region or subregion shall promote such forms of co-operation and consultation an they consider most appropriate in the legal, economic, scientific and technical spheres relating to maritime questions. ... (Complementary provisions on regional and oubrogional agreements) ............. Section IX - Land-locked countries ru,;imo Article 15 1. Land-locked Staten shall have the right of free access to the sea for the purpose of such uses and such preferential regime as they may agree upon with the neighbouring coastal States within the near, ad;jaeen~ vo the latter, and for enjoyment of the freedoms of the international seas. 2. Such uses and such preferential regime in the seas adjacent to the neighbouring coastal States an may be agreed upon shall be reserved to national enterprises of the land-locked State. 3. For the purposes provided for in this article, coastal States shall guarantee neighbouring land-locked States free passage through their territories, as well as equal treatment ail regards entry into and use of ports, its accordance with internal legislation and any relevant agreer.ients they may conclude. Article 16 Coastal States which are not adjacent to land-locked States in the same region or subregion shall accord uses and a preferential regime within their adjacent seas to national enterprises of such land-locked States, under regiorttal, subregional or bilateral agreements taking the interests of the respective States into account. (Complementary provisions on the regime for land-locked countries) ............ PART II CONTIITMAL SHELF' ... (Provisions to be considered for cases in-which the continental shelf extends bey6nd the limits referred to in article 1) . ....................................... Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 A/A0.13U/r1C. xz/i1. IaE:e PART 111. DITERNATIONAL SEAS Artiol.i. l.Y Thu term "international rear" shall donoto that part of the sea which is not subject to the covoroignty and jurisdiction of coastal Status. Article 18 The international scar shall be open to all Stator, whether coastal or land-locked, and their ure rhuwll be reserved for peaceful purposes. Article 19 The following freedoms shall be exercised on the international seas: (1) freedom of navigation; (2) freedom of overflight,; (3) freedom to lay submarine cables and pipelines; (4) freedom to emplace artificial islands and other installations permitted under international law, without prejudice to the provisions of article 24; (5) freedom of fishing, subject to the conditions laid dorm in article 20; (6) froodon of scientific research, subject to the conditions laid down in article 23. These freedom shall be exorcised by any State, with due consideration for the interests of other Stater, in the exercise of the same freedom. ... (Complementary provisionc) ..................................................... Article 20 1. Fishing and tr.mting in the international seas shall be subject to regulations of a world-wide and regional nature. 2. The aforesaid activities shall be carried out by techniques and methods which do not jeopardize adequate conservation of the renewable resources of the international seas. Article 21 The coastal State has a special interest in maintaining the productivity of renewable resources in any part of the international seas adjacent to the area subject to its sovereignty and jurisdiction. Article 22 All States shall be obliged to comply with international regulations deli pied to prevent, reduce or eliminate any damage or risks arising from pollution or other effects detrimental or dangerous to the ecological system of the international seas, water quality and use, living resources and human health. ... (Complementary provisions on pollution) ........................................ Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 App,,vd/, ,gxj.ft,QJgase 1999/09/26 : CIA-RDP86T00608R000600110008-7 pagre 6 A.rti.cln 23 Scientific rcooarch in the international nose aluzll be open to any State and ohall be promoted and facilitated under forms of co-operation and assistance which permit the participation of all jtatce, irroepootivo of their level of development or of whether they are coastal or land-locked. ... (Complementary provisions on noiontifio research) ............................ Article 224 The omplacomont of artificial islands or any other type of inotallationa apart from submarine cables or pipelines shall be subject to international regulations. ... (Complementary provisions on the international cone) ? ......................... PART IV BED AND SUBSOIL OF TILE INTERNATIONAL SEAS Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 ? UNITED NATIONS GENERAL ASSEMBLY LIIrI.' 1 _ A/AC.130/E;C. II/L. gq 10 Auguut 1973 ) GLISII Original: SPANISH COMJITTI-'d; ON TIM PEACEIM WJ[;S OF THE S1)A-1110) AND THE OCEAN FLOOR I31'-,'Y0NI) TIL LIITI'2"a OF NATIONAL JURISDICTION DRI.i.v' ARTICLES ON IYISITERTES IN NATIONAL AND I14'TI-ic1A'r'1O1?AL ZONES IN OCEAN SPbCL Submitted by the Ieloiitionn of Ecuador, Panama and Peru Note: These draft artic].eo nupplcment the provisions contained in part I (articles 6 and 0) - and part III (articles 19, 20 and 21) of the Draft Articlcn for Inclusion in a Convention on the Law of the Sea, oubmitted in docunent A/AC.138/SC.YI/L.27. They incorporate some of the concepts contained in proposals of other delegations concerning fishery rcgimnn. 1. Fishorion in of national oovei_ei;1nty_ and Jurisdiction Article A It shall be thn responsibility of the coastal State to p^escribe leg-al provisions relating to the management and exploitation of living resources in the maritime zone under its soveroicnty atld jurisdiction, primarily for the purposes of ensuring the conservation and rational utilization of such resources, the development of its fishinL and related industries and the improvement of the nutritional levels of peoples. Article D The coastal State may reserve the exploitation of living resources in the maritime zone under its novereignty and jurisdiction to itself or its nationals, liavinC, regard to the need to promote the efficient utilization of such resources, economic stability and maximum social benefits. Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Ap Pf fa?,, ~-/4d'~rr~ gbl~bse 1999/09/26 : CIA-RDP86T00608R000600110008-7 Arbiolo C Where the coastal State permits nationalo of other States to exploit living rouourcou in the maritime 'dome under its sovereignty and jurisdiction, it shall ontablish conditions for such exploitation, including, inter alia: (a) obtaining fishing and marine hunting licences and permits through payment of the corresponding fees; specifying the species that may be caught; fixing the ago and size of the fish or other resources that may be caught; establishing prohibited areas for fishing and hunting; fixing the periods curing which the indicated species may be caught; fixing the maximum size of catches; limiting the number and tonnage of the vessels and the gear that may be used; specifying the gear permitted to be used; procedures and penalties applicable in cases of violation. Article D 1. In adopting measures to conserve living resources in the maritime zone subject to its sovereignty and jurisdiction, the coastal State shall endeavour to maintain the productivity of species and avoid harmful effects for the survival of living resources outside the said zone. 2. The coastal State shall, for the foregoing purposes, promote any necessary co-operation with other States and with competent international organizations. Article E The coastal State may, within the limits of the maritime zone under its sovereignty and jurisdiction, board and inspect foreign-flag fishing or hinting vessels; if it finds evidence or indications of a breach of the legal provisions of the coa::tal State, it shall proceed to apprehend the vessel in question and take it to port for the corresponding proceedings. go Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R00A9,9,9 ,19p9p/1754 ]pa(ro J A ticlo F Any diuputo aencorning; fishing or (renting activities by foreign-flab; vessels within t ho :sore under ilie sovereignty end jur:Ludiction of the coasts,], State n1heul be oottled by the compotont out,horitica of the coastal Stato. (II) Pichcriec in intciiiat:ionc1 clown Article G Fishing and marine huulting activities in the international sass shall be conducted in conformity with the articles of thin Convention and with any a;ieomcnts that are concluded at the world or regional level. Article H 1. Regulations adopted to regulate fishing and hunting in the international seas shall ensure the conservation and rational utilization of living resources and the equitable participation of all States in their exploitation, with due regard to the special needs of the developing' countries, including those of U'-ho land-locizod countries. 2. Such regrul.a,tions shall establish conditions and methods of fishing and hunting which prevent the incliscrim:iine.to c .ploito.tion of species and avert the danger of their extinction. Article T. The coastal State shall enjoy preferential rights to exploit living resources in a. sector of the nee. adjacent to the zone under its sovereignty and jurisdiction, and may reserve to itself or its nationals a pnxt of the permissible catch of sucli resources. Article J With regard to the living resources of an area. of the sea. situated beyond the limits of the zones of sovereignty and jurisdiction of two or more States, which breed, feed and live by reason of the resources of that area, the States concerned may agroo among thrricelves on appropriate regulations for the c,:ploration, conservation and e;:ploitation of such resources. Article IC States shall ensure that the vessel:; of their flag comply with the fishing anci hunting regulations applicable in the int.ornational seas; and they shall punish those responsible for any breach that may come to their notice. Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 4A( "t~,Vel'6'elease 1999/09/26 :CIA-RDP86T00608R000600110008-7 Whore ca, Sto,ta han good ruaaon to believe that vounolu of the flag of another :ttctto have violo,tod flnhint unit }n,ntinl; rogulat;tavj opplicabla to the interna,tiunol moan, the former Sta.to may roquout the flag Stn,to to to!.(, the nocoooary ntopu to pwil.nh thoau rouponoible. by.._j_c 1 o 11 Any diopu'to rola:ting to the interpretation or npplica,tion of orticlou C to L of thin Convention end of any intorne,tional or ra;;ionel roaulationn that may be adopted, or in roopoot of fiuhing and hunting aotivitioo in the international uea, uha11 be uuibmittod to the proooduroo for poacoful uottlomont provided for in the Convention. Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110.Q 8-7 UNITED NATIONS b- 1 ~? OuyLA 1)intr. LIMITED A/CONr.62/C.2/L.1o 15 July 19,711 ENGLISH ORIGINAL: SPANISH ECUADOR: PROPOSAL ON THE TERRITORIAL SEA (item 2.1) PZ THIRD CONFERENCE ON THE LAW OF THE SEA 1. The sovereignty of a coastal State extends beyond its coast and internal or archipelagic waters to an adjacent zone described as the territorial sea. 2. The sovereignty extends also to the sea-bed and subsoil of the territorial sea as well as to the corresponding air apace. 3. Each State has the right to establish the breadth of its territorial sea up to a distance not exceeding 200 nautical miles, measured from the applicable baselines. The coastal State exercises its sovereignty over the territorial sea subject to the provisions of this Convention. Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 UNITED NATIONS GENERAL ASSEMBLY CQMl1ITM'i o1r 'nm PI;r:CEF(JL USES of nSEA-B. D AND THE OCEAN noon BEYOtm THE LIMITS OF NILTIOJTAL JURISDICTIOII SUB-.CCU11I7EM III Mutr. ?LIIIITED A/AC.138/SC.ILI/L.45 19 Ju].y 1973 ENGLIS1i Original: SWIM SCIMIM-7 REaELRCH WITHIN 'TIM ZONE SUBJECT TO alM, SOVEREIGNTY AND JURISDICTION OF THE COASTAL STATE Brazil. Ecir:tdor, El Salvador, Peru and Uruguay: 1. The coastal State shall have the right to bring under regulation scientific *osasch activities conducted in the zone subject to its maritime sovereignty and jurisdiction. 2. Scientific research activities in tiw zone subject to the maritime sovereignt,,- and jurisdiction of the coastal State shall bn conducted for peaceful purposes. Me coastal State shall promote, select and facilitate scientific research activities the zone subject to its ?ariti:a soveroi~ tt~~ and jurisdiction r th a to a:rcx..ti_ig the development of science and teoanolo ry, in order that :.c? results _-cntribute to a bett _ la7c:cl=:ri;e, and to ti:e preservation of the marine e: vL'or^..ent and i'.-9 resources P-n-1 tc e, more eff=icient exploitation of Vice? resources. Stata::, i ne?' ...ticnal _T,!-*-zical or juridical persons :tesirin -c_ i?Jr? :l^_ C_CtY' 'i n .. t?.'lth n t'.e Ln':E: nor the m?.r1t ri 2.r_\~ a:.' :__sa_ctior. of t::o .caatc._ 3yatc. ;hall arp'_; for xicl obtain _ut^ori:aticn fr.x t a.t State and carply tntj .r_?ovisiox imposed by it; they s:'1 speci` : (a) thn ob jective3 and to cz, of their nee e oi~; (b) the i ans to b_ ..sed; (o) th_ ccientific staff to be e:::ploycd; (d) the eons in which the activities are to u- conducted; (e) the Gatei proposed for conducting them; anri t ',:ay Iha11 unaerta?:a to trans;~tit to the coastal State the primary data and results the investi Lion and any samples obtz_naC, in the courcie of it. The eoast?.l State shall have he ri;;f v to participate in the scientific research activ_tie:; conducted within the zcue subject to its r ritir.ie sovereignty jurisdction. Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 ArgR~eease 1999/09/26 : CIA-RDP86T00608R000600110008-7 Pogo 2 6. The scientific roooaroh activities in the zone oubjoot to the maritime novoroignty and jurisdiction of the coastal state ohall be conducted in conformity with the conditions laid down in the rolovnnt authorization. Thooo oondi tiono ohail not be altered by the persons conducting the invoatigation, eocoopt with the oxpreoo consent of the coastal State. 7. Scientific research activities shall be no conducted that they do not harm the marine roeouxnon, and that they do not interfere with or obstruct the exploitation of those resources., navigation or existing services and inatallationu. 8. The coastal State ohalll, co-opomto with other Staten and with the international or~arizationo concerned in order to disseminate the results of scientific research. ? ? Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 Approved For Release 1999/09/26 : CIA-RDP86T00608R000600110008-7 ? UNITED NATIONS GENERAL ASSEMBL;' COMMITTEE ON TIL PEACEFUL -U81:8 OIL TIIIO SEA-13ED AND TilE OWN 110011 1111YONI) TIC LIMITS OF NATIONAI, JUAI111)I CTION SUB-COMMITTEE III A/Ati, 111)I`,U , 1101,,1'? I'4 ,In I y Iwo 0IN11h I I W (116,1I U'I If1~ANl,f111 F:oUA)0111I11, tt hVA'IX-!lr . ~~'~~``~lllll?A111) ,U~IUUU/tY ~~jZ1lc~.1l~J. ~ ucnr, ". ~11'w,:l'UI~..~4Q,I.lJJIj,,MJIYji1~J111U1iri 1. A7?1 Statoo have a leal.tirnatn intarant in the ooas in defence of the marlno ',nv1 rnru-Klnt alrnrd rrv101, n101, rtl11,1180 N raid r imtr~rl f Ir-q p,rl lHfrlrrrl ,r~ iuru i I,f~ nr~rl rl6lurr 1 rr6ur /,N I Ir of their inhabitants. 2. States shall inoluda in their r,Altfar, ti 1p,4/n t-,,~ y/r,~1 /rf',/in /IM'~NIIIIN/~/ I'll ozu combat marine rollutir,n, tikfnr, frrt?, a,;!;',?/rt ttin fnt,'r/arrtu 'rl t,haf p 1r/HNlrf bw/IbN rnd the level of d,ovwl&prrmt vhi,t, tJ,nj h,-tia ,btt,rf/r?rf, 3- Eery State 'rrtdhrt *l'A t' , 4f pt ,,,'4 M.i?!n Y/''iril f /r 'V,,'4 b f Mao '49,111 t,fik I f NA f, ll of itc a ilitieu, tre 1'l,,j.:')r k na'e+Kk,,./;/ fJ, P/Arr'rr,t (/Ill l',i',r~ ',/ tr-rN h*hk fll/.'/.If/1r the 0. 2'1?t&ro-At' .k*t+r/%Aij,i'/ iI/,il;/!,i,j '!/' 00irl0iI h 4AHI/ t 0/1I 1 l ? r i ' ~ ~( ` ~ r ~ ? ARGE TINA - +- ni V' ' ~ tt " a I ,il ~ t i ) r~ r r S, i t " t rt {rat,v,V~d {' 3 ~4 ~4 (?, E` I ".~, l ti t~ ~ rb '~1'#t~ 1ww. / 1. ,, p ; tl k+l~Vlr et}, y}t ,~ih ," ''~r/~hta ll q~ll} v 'S"A't ` Iia~~ee'',f('~ 4: - ~ 309- f lly1 r R A 1 1''tii e S 1 i t A e r R tea 1` t , 4rY s~{VS y t. s A r``:R ~' ~' 08 7 pprov f o e a t7 F ,4 , as ra t }a ~x ltx erg "? i l P ',t L.1,? t.(S f" >ry + _r r, a " , Y. ,K t I 'f rte 4, ,1 1S h~it? T ~ S Y 5 ! ~t's ~ , ! ti'>u FI r }, {t ut4 h b R r ti ., S; r? p. ~S q~. x 7 rl I~ Cordoba . " y S }.t,#tt ll ,?, ~IMI ta o Rai a ' 1,1 is i11 0J ' , ' { i i 11 I A C AJgILiY)a fhl girl( {I ' l i~ (i i r' It { Y` .' a .. , ~ IIK r a , V yrNl11fr,4N NA IN e . 1 - u t l InIgU (~ I, ? .4 , , +'L I , I f t CAPIII ' VERDE 41 " N ,' I I I `n J ' ?~ ; " ' ro' ed~~F ~ Otto' ` , IA > ` . i5 "`4 919 091AMC7P 0 , ; , , _ R0 0~OO T'1 06 ? ' N4n1tA t nil lu r II,I A f Aruba ANrxlrS Ijl St vincvll 0)0:1`r' ?~ (UK) rA" , t~tARnAO0% y,~ IA(ou awll tl I ' 1 ~' 11 , N rt 1 ~ I { 1bASIN t I tl , ,t,00 I% Gur,~ ,l V f ? l i ( , (fi 1 ~ ~ ~?,,. ~~ ..~ ?? ~~, Aonb6s ~l, i~n'do'MerOnrlln NS'V 1~l ^~ ( 1 l p r I 41D 1, r I :~w ' I al ullp PON D ' P1aIIll Ullnr VAIN ~ 1 ,, I ' l ) 1 I ) it r ~~.... J Orlulan ~~'7t ~ llill ~ a. I 1 yl r I I { 1 IY ~ I I r I, `, I i ~.I~,}Ifu{p~ 1 'I !~''" 1' , il.'. ' y' ' t I1 ~ nru % ' , DiPG ql- 6rORctrowN ` , r , 11 ! `J~: G I A I Y? r i r 1', I V A ,r (' , r 't ." P. I , C LO g!jF C \ q J I 6 ~`~ i .r. / R /'~', ~ A~~ it, l ,.~ . , ~ ~ ,.? Bo nd ~ ??~.+~, d? ~ u ary ~~ In dispute 4./ ~ Drib r ,0 % . ~11 '. I'' r ?+ . I ) lspu Vi !u ,urd , 1 a . - 1i~tttzo, 7 c r tl"/' " AAGNHLAGo of Amar ?' . ?j~ J va I. G' o ? ~, y RANANDO of AtOI`Ol~t NaAON; ~o Fortaleza Ao A R R , c lOrWl rat ' y, pJa~ d t:elit der Sao Aogta Rq~He Jr' DEPTH OF THE SEABED o ~F t ' 0 183* 3860**Motors .l 7M 0 100 2000 Fathoms 600 12000 Foot *T y ` ho continental shelf is convontlonally dollnod afva r (- by tho 200 motor (656 foot) lsoboth. c ** 0 -~ 1 ontinental margin is approximately doflnod Tho b tho 4000 mot r (13122 f t l b th t y o oo ) so o , ' r 30 30' a' I O BRASILIA lJ?rrlrcac LA PAZ LIVIA Q, o. I ?o too 200 300 408Neutiesil I 1aAv> Alllesl L MERCATOR PROJECTION J ~ ~\ y> O SKI f: 4 , i' ,V ,~?? ??~`~. J eBelo Horizonte L ~L ' , nth . /( I ,. ) L > ?~ t 1 7 i \ -0 CHILE Sno?Paulo r rye ,t Jn I / I ~ + und. aamA 1 In dlnepu e / - , . o? I r ASUNCI 8~ ., rk; I'?~ raanapud 7 ) I ' r k r l'' . ARGE TINA 1ha do sa; a't a e r Bou do I indiepI. {Or , l ti C6rdaboe ' roved For le a 1 m P86 060 R00066 7 f ? , >; pp Rosario to 0 i . ' ) ,, ? k1 .. 2 ' a'"' Y, C Is A2rJON / L W 4 4 N R . , ' (~)- /,}w': ? '' t l 7 1 , '.i Nt(Otee}1MILV .3AUY b1i1T ;1 .. ~i? Ihtl i I , ~~ III ~/~ A 6 ~ ti11 I THEORETICAL DIVISION ON ._ Approve For Release 199 0 110008 7 IA R OF THE SEABED , 1.~ ~ oil +v t Seabed loss than 200 maters J', 650 feet) deep C onlinantal platform deeper than 200 motors; plateaus, or slopes steeper than 1:40 .~ L t' T ,. t.. , , / t ( ;L?. ?~ 1 Y n,t., 'vR 11?1 n 4.1i 1: /I ~l? ? ,. II II AN . i ~ 1 .+, ~ L I rl . Continental rise, with slopes r~ ( BI . ............ __. ........ flatter than 1:40 and steeper than 1;1000 (outer edge . _ ~;,,, . f - ?` : - .._ Y 1 .. , , ;, ! ~.,,;,-. , ... r~":.~ ,,~ ,, _.....-...__..... _ .... _ . 11.. , , ? approximates the seaward r _..9 '. . limit of the continental margin) Area beyond 200 nautical mile seabed jurisdiction ''~~ 'L,?7~ ??'~' KT ~' ''li~H`. CANADA rI "~rP pp ' ~' r a-- ~+ - ~? Equidistant division of the seabed (to 200 nm or edge ..,,.. '.'If. T1 I? ~~, i ~ r U tlIN ,I NI. j I U xl ', DO I ..~ of the continental margin) / n ti ,L? .._......._.._ .._...1. :~ rr?, IR .ice"" ' I :~ '_ - Jam. e 5 R } ~ `.~ __ ,r? ' ': N r , J MONGOLIA ql 1 'P . , ...... ~ I ?? ?? , I , SPAIN unNC ,~ uuI ~ / ~ I ;,. l ^^~ 1 nur v J i I1NI1LD STA Ia ~(' R ' f SPAIN .. ~ 1 11 ? PE OPLES REPUBLIC OF CHINA / ??t c.,Kr1( ? i . 11 I rule . vIAI . l ~ , , ~ w I ., Iii N .`,.."` li > J" J JAPAN 420 .. . - ... ururr,n STATES ._. ... ,. LATES .... ... ...... ... .. W ','., ' MEXICO I U N. _..-.__ _..._-._ I;000O ,J .i ..._.- n r ,ER INDIA t 1 _~__.- ... NI ~HURMA ,~ '~ r/ yJ ` y'~ 11~Alnril~\'I` I U.'i, .. ..... -,...... .. _... ~, ... '?' 1%11(. "i P "-~ iii A ..... ..... ... .... . . . . .. -r1' II / j-'\ f \ a'UI ':f MAURIIANIA =~K i ?TZ.~ nNd(`fIN .5' VYI!', y,, M? I~y''~ IIIIIPPINES is w~ {f ilill i ...\~' non i. ~ ~f f~ _ ,~( j1 AAiftn 5 ~},A n:, Y. 1- ti, ~., I MALI ''"..~~ ~.. ~ ?+. '~~ A