LAW OF THE SEA COUNTRY STUDY SRI LANKA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-01054A000100020001-8
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 29
• Document Creation Date: December 9, 2016
• Document Release Date: March 8, 2001
• Sequence Number: 1
• Publication Date: March 1, 1974
• Content Type: STUDY

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Secret
No Foreign Dissem
Law of the Sea. Country Study
Sri Lank
Secret
BGI LOS 74-2
March 1974
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NATIONAL SECURITY INFORMATION
Unauthorized Disclosure Subject to Criminal Sanctions
Clasalfied by 019641
Exempt from eneral declassification schedule
of E.Q. 1652, exemption cat?gory:
$ 5B(1~, (2), and (3)
Automatics ly declassified on:
Date Impossible to Determine
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FOREWORD
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 includes as Part I an analysis of the primary
geographic, economic, and political factors that might influence
expressions of that of icy, 25X1 B
Part s as~c a a ea ring on
aw o e sea matters.
This study was prepared by the Office of Basic and Geo ra hic
Intel l i ence. 25X1 B
The stu y was coor ina a wi ~
,. ,,,
Directorate of Intelligence and with the Department ofyState.
Comments and questions may be directed to the LOS Country Studies
Working Group, Code 143, Extension 2257.
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Part I -Law of the Sea Policies
Summary .
~
~
1
LOS
Pol i cy
Factors Infl uenci ng
1
Law of the Sea Policy.
3
Key Policy Makers and LOS Negotiators.
9
Basic Data
13
Present Ocean Claims
15
Conventions .
16
Action on Significant UN Resolutions
17
Membership in Organizations Related to LOS Interests
19
Attachment A: Draft articles on fisheries by Canada, India,
Kenya, and Sri Lanka, 16 July 1973
Maps Middle East -South Asia Regional Map
Theoretical Division of the World Seabed
iii
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NO FOREIGN DISSEM
Part I - Law of the Sea Policies
Sri Lanka promises to be a significant voice for the developing
countries at the 1974 LOS Conference. It has played a key role in
the preparations for the conference, and Sri Lanka's permanent
representative to the UN has been elected conference president.
Members of Sri Lanka's delegation are articulate and well versed
in LOS matters.
While basically objective in its approach to LOS problems, Sri
Lanka is critical of many past and present maritime practices of
the advanced states, and is a strong advocate of the one-state-
one-vote concept. Sri Lanka takes the view that if the conference
is to succeed the major powers will have to compromise on two key
issues: the right of no more than innocent passage through straits
falling within territorial seas; and the concept of an exclusive
economic zone, but with sufficient modification to allow for the
application of certain international rules and standards. An
effective and equitable system of settlement of disputes by an
independent tribunal is also considered essential.
Additionally, Sri Lanka supports the concept of an inter-
national Seabed Authority with extensive powers and responsibility
over the widest possible area. If such an Authority were estab-
lished, offering prospects of providing real benefits to developing
countries through the equitable sharing of revenues derived from
the exploitation of seabed resources, Sri Lanka has indicated it
might support a relatively narrow limit of offshore national
jurisdiction.
Aside from its interest in seabed revenue sharing, Sri Lanka is
anxious to promote the concept of transfer of marine technology
from the advanced nations to underdeveloped countries. In this way,
Sri Lanka hopes to improve its vastly underdeveloped fishing
industry which is of major economic importance to that nation.
B. FACTORS INFLUENCING LOS POLICY
Special Geographic Features
The island state of Sri Lanka lies some forty miles off the
southeastern coast of India, to which it is linked by islands and
an 18-mile stretch of shallows and sandbars. Sandy beaches line
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much of the coast. The continental shelf (to the 200 meter isobath)
surrounding Sri Lanka is narrow, except in the northwest where it
abuts India's shelf. Seaward, the continental margin extends well
beyond 200-n. miles except off the south/southeastern coast.
Mineral Resources -- Sri Lanka has no proven mineral resources
on its continental shelf; while some exploratory work has been done
in recent years, potential seems limited. The island is completely
dependent on imports of petroleum and coal supplies.
Living Resources -- Fishing is a major industry, constituting
an important source of employment and providing about half of Sri
Lanka's consumption of fish -- the island's chief source of animal
protein. The industry is primarily coastal in nature and vastly
underdeveloped, but with considerable potential. In this regard,
Sri Lanka places strong emphasis on the need for transfer of
technology from advanced fishing nations. In 1971 it entered into
a cooperative fisheries agreement with the USSR, and has expressed
its readiness to conclude similar arrangements with other nations.
Some offshore fishing and pearling is conducted on banks off the
Indian coast; the preservation of such historical fishing rights
is of major concern to Sri Lanka in any determination of offshore
economic zones at the LOS Conference.
Marine Transportation and Naval Considerations -- Sri Lanka has
no significant merchant fleet, and its navy comprises only about
thirty coastal patrol vessels.
Sri Lanka has two principal ports, Colombo and Trincomalee,
which are of major importance to the economy of the island and
play a significant role in international trade. Colombo, especially,
is one of the major maritime terminals on the Indian Ocean,
providing bunkering and transit cargo services for merchant
vessels of many nations.
Political and Other Factors
Adhering to a policy of nonalignment in its foreign relations,
Sri Lanka identifies with the developing nations. It is a member
of the Asian-African Legal Consultative Committee (AALCC), and has
usually lined up with the Asian-African bloc in the UN, especially
on issues dealing with colonialism and disarmament. Sri Lanka is a
long-time proponent of the concept that the Indian Ocean be
recognized by all nations as a Zone of Peace. Its attitude on LOS
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issues is likely to be influenced to a considerable extent by
India's policies and practices. It has cooperated with India in
the preparation of a draft seabed treaty.
Sri Lanka has played an important role in the preparations for
the LOS Conference. It feels strongly that the poorer nations of
the world have a unique opportunity to augment their limited
resources through internationalized exploitation of the deep
seabed resources under the concept of "the common heritage of
mankind." Further, it regards the LOS Conference as a chance for
comprehensive review -- and, as needed, reform -- of conventional
sea policies shaped by colonial powers in the past and by
technologically advanced nations of today. However, Sri Lanka
seeks resolution of outstanding issues only, not a wholesale
revision of matters satisfactorily settled at the 1958 LOS
Conference. Sri Lanka participated in that conference and signed,
but has not ratified, its four conventions.
Sri Lanka sees a strong interconnection between a determination
of the breadth of the territorial sea and the issue of the offshore
economic zone. It is inclined to accept an outer limit of 12-n.
miles for the territorial sea provided that the separate question
of adequate resource jurisdiction is satisfactorily determined.
In 1971, Sri Lanka itself extended its territorial sea to 12-n.
miles from a previous 6-mile limit.
The issue of international passage through straits within terri-
torial seas is viewed by Sri Lanka as perhaps the most difficult
problem facing the LOS Conference. Sri Lanka firmly adheres to the
concept of innocent passage, but subject to international agreement
on objective criteria as to what does or does not constitute
innocent passage, and also the establishment of fixed procedures
to follow in the event of disputes. If such criteria were estab-
lished, Sri Lanka believes a compromise could be reached that
would offer certain guarantees to international users while
safeguarding the interests of the coastal states. Fundamental to
any such compromise, however, is the felt need for acknowledgement
of the right of coastal states to regulate, and perhaps to restrict,
passage through straits within their territorial seas to the same
extent that they control international navigation within their
territorial seas generally.
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Islands
A representative of Sri Lanka has stated the view that if there
is unqualified agreement to invest every piece of land above the
surface of the sea with a zone of exclusive resource jurisdiction
this would merely insure greater wealth for the administering
metropolitan powers and would be tantamount to recognition of the
old area of colonialism. He suggested that pending resolution of
questions of ownership to certain islands it might be within the
power of the international community to withhold recognition of
certain rights.
Coastal State Jurisdiction Beyond the Territorial Sea
Sri Lanka supports the right of a coastal state to claim
exclusive jurisdiction over an adequate area beyond its
territorial sea for the exploration/exploitation and the
conservation/management of both living and non-living resources
therein. The coastal state should also have the right to exercise
jurisdiction over offenders. In 1957, Sri Lanka proclaimed a fish
conservation zone 100 miles wide adjacent to its 12-n. mile terri-
torial sea, but has not yet enacted enabling legislation.
To Sri Lanka, the breadth of an exclusive economic zone is
negotiable; it apparently favors a maximum limit of 200-n. miles,
inclusive of the territorial sea, or a distance measured outward
to the 200 meter isobath. Historic rights of neighboring states
to fish within the exclusive zone of a coastal state must be
safeguarded. In this connection, Sri Lanka has enjoyed historic
fishing rights on the Wadge Bank, which area would fall within
the projected exclusive economic zone of India.
Sri Lanka's view is that i f a coastal state does not have the
technological capacity for direct exploitation of the resources
within its exclusive economic zone, it may employ contractors,
enter into joint ventures with foreign states or entities, or
make other bilateral arrangements for exploitation.
It is Sri Lanka's position that the establishment of an
exclusive economic zone would be without prejudice to the freedom
of navigation, f reedom of overflight and freedom to lay submarine
cables and pipelines for all states without discrimination.
Fisheries
In its draft articles on fisheries introduced to the UN Seabed
Committee in July 1973 (see attachment A), Sri Lanka noted that a
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coastal state has a special interest in the maintenance of the
productivity of the living resources of an area of the sea adjacent
to an exclusive fishery zone, and may take appropriate measures to
protect that interest. The extent of such an area of preferential
rights would have to be determined, taking into account the extent
of an exclusive fishery zone. The coastal states, regional arrange
ments, and an international authority all would have a part to play
in the systematic management of the living resources in such a
preferential zone. Any dispute concerning fishing activities beyond
the exclusive fishery zone would be referred to the international
Authority projected to be designated at the LOS Conference.
Deep Seabed Authority
Sri Lanka supports the concept of an international Seabed
Authority with extensive powers and responsibility over the widest
possible area. The powers and responsibility of such an Authority
might also apply to some extent within any coastal intermediate
zone that might be established. Sri Lanka has not committed itself
on the precise criterion for setting the limits of the international
zone, but has indicated it would consider a "moderate" fixed distance
criterion such as 200-n. miles offshore. Preference is for a distance
rather than a depth criterion as well as for the establishment of a
uniform measure for all states.
Sri Lanka's position is likely to depend considerably on the
nature and powers of the international Authority. If there is a
strong Authority which offers prospects of providing real benefits
to developing countries, Sri Lanka would be prepared to consider
supporting a relatively narrow limit of offshore national juris-
diction. Conversely, if the international machinery does not have
comprehensive powers to exploit the wealth of the seabed so as to
yield substantial profits to be shared equitably, Sri Lanka can be
expected to consider recognizing wider claims to national juris-
diction.
Sri Lanka advocates the establishment of a Seabed Authority in
conformity with the basic principles adopted by the General Assembly
in 1970. This would be an Authority established by a treaty of a
universal character, generally agreed upon and open to all states.
In Sri Lanka's view, the Seabed Authority must possess all the powers
necessary to insure the ultimate and safe development, and the
national management of the international area and its resources,
as well as the equitable sharing of benefits. These powers might
include the power to:
a. license all exploration and exploitation in the inter-
national area;
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b. carry out exploration and exploitation through its own
resources or by means of contractors;
c. collect and share all monetary and other benefits accruing
to participating states;
d. redress adverse economic effects caused by the fluctuation
of prices of raw materials resulting from deep sea exploita-
tion;
e. promote scientific and technical training of personnel
from developing countries;
f. take measures for the preservation of the marine environ-
ment, including pollution control; and
g. settle disputes and impose sanctions in the event of
non-compliance with obligations.
Sri Lanka does not expect the Seabed Authority to exercise the
full range of its functions initially, but feels that the power to
exploit the seabed through its own resources should be beyond
question. In this respect, a Canadian official conversant with
LOS matters stated recently that, within the group of 77, Sri
Lanka is "fighting" the Enterprise System since it feels that
contractual authority is all that is necessary.
As for the makeup of the Seabed Authority, Sri Lanka proposes a
plenary organ of the entire LOS membership; an executive council of
limited membership (25-35 members) based on equitable geographical
representation and perhaps political alignments and degree of
technological advancement; a tribunal for the settlement of disputes;
and a secretariat.
Sri Lanka feels strongly that the principle of one-state-one-vote
should apply to all decisions, and that there should be no system of
weighted voting or veto. Decisions should be by majority vote. In its
undertakings the Authority should be guided only by essential
scientific, technological, economic, and financial criteria adopted
by the plenary organ. Considerations of efficiency, aimed at the
greatest financial return for distribution among developing
countries should be decisive in operational matters.
As regards the procedure for licensing exploitation, Sri Lanka
feels that it should involve either directly or indirectly the
state(s) of the nationality of the operator(s). This would guarantee
compliance with the terms of the license and fix responsibility for
any environmental damages caused by the activities.
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Sri Lanka has suggested the following types of benefit sharing:
a. funds received as revenues or from sale of raw materials
by the Authori ty;
b. the raw materials themselves; and
c. information from scientific research.
Equi tabl a distribution of funds might be based on an i nverse
scale of contributions to UN expenses or be directly related to
the GNP or to per capita income. Sri Lanka rejects such criteria
as economic performance or success of a country's economic efforts;
funds received should in no way be considered as foreign aid.
Sri Lanka co-sponsored the so-called "moratorium" resolution
adopted by the UN General Assembly in 1969 which called for all
states and entities to refrain from exploitation of deep seabed
resources pending the establishment of an international authority.
Sri Lanka believes that the developing countries must firmly
uphold the concept that the deep seabed resources are the common
heritage of mankind. However, it takes the pragmatic view that
such resources are useless without the technology to exploit them.
Therefore, what is needed at the LOS Conference is mutual under-
standing and respect between the advanced and developing nations
that will result in a suitable accommodation of their respective
interests.
Sri Lanka has indicated its concern with marine pollution and
has called for revision of the existing legal framework of pollution
control which it feels is inadequate as regards both prevention and
responsibility for damages. It believes that there must be recognition
of the right of the coastal state to be consulted, and in certain
circumstances, to take measures against activities likely to cause
damage to the marine environment. Sri Lanka feels that the inter-
national seabed authority should, at the least, share responsibility
for monitoring marine pollution; the geographical limits and extent
of such responsibility have not been spelled out as yet.
Sri Lanka supports the principle of internationally agreed
criteria and standards to control pollution, but with provision
made for regional and local variations in the effects of pollution.
While recognizing the universal impact of marine pollution, Sri
Lanka views the problem as largely caused by the excesses of
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advanced nations. It feels that all nations must help in the battle
against pallution, but that the "social cost" should be borne
proportionally more heavily by those nations principally responsible
for the sea's degradation. In any event, the collective effort
against pollution should not become any unwitting instrument to
slow down the growth of developing countries.
Aside from making such general observations, Sri Lanka had
commented on draft articles on pollution control that have been
introduced to date, but has reserved its final position pending
definitive action taken at the LOS Conference. It feels that the
complex problem of pollution must be approached cautiously and that
the issues involved require substantial clarification before an
acceptable text can be produced. It agrees that existing competent
organs, such as the Intergovernmental Marine Consultative Organi-
zation (IMCO), have a role to play in this effort.
Basically, Sri Lanka feels that all research should be subject to
certain rules to safeguard the security of coastal states, to prevent
pollution, etc. Moreover, while admitting that it is sometimes diffi-
cult to distinguish between "scientific" and "industrial" research,
Sri Lanka feels that the LOS Conference should try to make distinctions
with a view to imposing restrictions on industrial research, i.e.,
"prospecting." Sri Lanka also feels that provision should be made at
the conference for the rapid transfer to the developing countries of
marine technology and scientific data resulting from marine research.
More specifically, Sri Lanka takes the stand that scientific
research carried out within the national jurisdiction of a coastal
state must be subject to whatever reasonable conditions the coastal
state wishes to impose. In this connection, Sri Lanka supports the
concept of national jurisdiction for scientific research in an area
up to 200-n. miles offshore, akin to the proposed exclusive economic
zone. Such reasonable conditions that the coastal state might impose
could include its prior consent, the right of participation or the
right to be informed of the research results, the right to termina to
or interrupt the research for good cause, and overall, the right to
secure compliance with its own laws and regulations. Coastal states
would be under corresponding obligation not to subject the research
activities to needless interference or disruption.
In Sri Lanka's view, scientific research on the high seas would
be free in the sense that the scope of the research program would
remain within the discretion of the state concerned provided it had
no warlike, destructive or dangerous purpose. On the other hand, the
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interests of the international community would have to be protected
through the application of certain basic rules, such as notifi-
cation to the international Authority. Sri Lanka has suggested
that such notification of scientific research in a particular area,
accompanied by an outline of the research program and a commitment
to publish the results within a reasonable time, could be accepted
as proof of motive.
Peaceful Uses of the Sea
Sri Lanka proposed at the 26th UN General Assembly that all
states would be called upon to consider the Indian Ocean as a Zone
of Peace. A resolution to that effect was passed, but with sub-
stantial opposition on the part of the major powers and widespread
lack of enthusiasm among many others. All military bases, installa-
tions, fortifications, logistical supply facilities, weapons
testing, maneuvers, and the use, deployment, installation or
storage of weapons and weapon-like devices would be excluded from
this zone. Vessels of all nations would have the right to traverse
the zone subject to such special regimes as may be prescribed by
the coastal states in areas within their jurisdiction. Warships
would have the right of transit, but would not be able to put into
port for other than emergency reasons of mechanical, technical, or
humanitarian character.
D. KEY POLICY MAKERS AND LOS NEGOTIATORS
Sri Lanka has a parliamentary form of government with effective
political power concentrated in the hands of the Prime Minister and
the cabinet. The Minister of Fisheries, Mr. G. Rajapakse, is vitally
concerned with LOS matters because of the importance of the fishing
industry to Sri Lanka's economy.
Sri Lanka has played an active role in the preparations for the
LOS Conference. Its permanent representative to the UN, Mr, H. S.
Amerasinghe, was chairman of the Seabed Committee and has been
elected president of the 1974 LOS Conference. He and other repre-
sentatives of Sri Lanka, notably Mr. C. W. Pinto of the Foreign
Ministry, are articulate and well versed in LOS issues.
Sri Lanka's representatives at the preparatory sessions for the
Third UN Conference on LOS or the organizational session of the
Conference are as follows:
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25X1 B
*H.E. Mr. H. S. AMERASINGHE
Amba ssador Extraordinary and
Plenipotentiary
Permanent Representative to
the UN
Mr. A. PATHMARAJAH
Permanent Representative to
the UN
*Mr. C. W. PINTO
Legal Adviser
Ministry of Foreign Affairs
Mr. J. C. RAJAPAKSE
First Secretary
Belgrade
Mr. D. S. de SILVA
Third Secretary
Permanent Mission to
the UN
Mr. R. C. A. VANDERGERT
First Secretary
Permanent Mission to the UN
H.E. Mr. Y. YOGASUNDRAM
Ambassador
Deputy Permanent Represenative
to the UN
Seabed Committee Session
Mar
71
Jul
Aug
71
Feb
Mar
72
Jul
Aug
72
Mar
Apr
73
Jul
Aug
73
Conf,
Dec
73
X
X
X
X
X
X
X ~
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Org.
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Part II - Basic Information
BASIC DATA
GEOGRAPHIC DATA:
World region: South Asia
Country category: Island
Bordering bodies of water: Bay of Bengal,
Indian Ocean, Laccadive Sea, Gulf of
Mannar, Palk Bay
Bordering semi-enclosed sea: Laccadive Sea
Bordering straits: Palk Strait
Area of continental shelf: 7,800 sq. n. mi., shared with India
Area to 200-n. mi. limit: 150,900 sq. n. mi., shared with India
Area to edge of continental margin: 26,900 sq. n. mi.
Coastline: 835 mi.
Land: 25,300 sq. mi .
Population: 13,357,000
INDUSTRY AND TRADE:
GNP: $2.03 billion (1972 current prices), $170 per capita
Major industries: processing of rubber, tea, and other
agricul tural comnodi ti es; consumer goods manufacture
Exports: $310.7 million (f.o.b., 1972); tea, rubber, coconut
products
Imports: $327.2 million (c.i.f., 1972); machinery and equipment;
sugar, flour, rice; textiles and clothing
Major trade partners: exports -- U.K. 14.1%, China 8.2%,
Pakistan 8.0%, U.S. 7.2%, U.S.S.R. 1.8%; imports -- U.K. 10.4%,
U.S. 7.6%, India 7.0%, China 4.9%, Pakistan 4.1%, U.S.S.R. 1.0%
Merchant marine: 6 cargo ships (1,000 GRT or over) totaling
42,500 GRT
MARINE FISHERIES:
Catch: 190,000 metric tons valued at $64 million (1970)
Economic importance: significant national, major local
Ranking: 38 worldwide, 2 regional
Nature: primarily coastal; limited distant-water fishing off
the coast of India
Species: herring-like fish, tuna, redfish, sea bass, and sharks
Marine fisheries techniques: predominantly unmechanized, limited
mod ern
Other countries fishing off coast: India, Japan, Korea
PETROLEUM RESOURCES:
No known petroleum or natural gas reserves or production
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NAVY:
Ships: no principal combatants; 31 coastal patrol, 1 river/road-
stead patrol craft, 2 auxiliary and 1 service craft
GOVERNMENT LEADERS:
Sirimavo Bandaranaike (Mrs.), Prime Minister and Foreign
Minister
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PRESENT OCEAN CLAIMS:
DATE
TERRITORIAL
1957
SEA
1971
CONTINENTAL
1957
SHELF
EXCLUSIVE
1956
FISHING
1973
FISHERIES
1957
CONSERVATION
1956
TERMS
6 n, mi.
12 n. mi.
No specified
depth or
distance
Extension to
cover pearl-
ing in the
Gulf of
Mannar
SOURCE, NOTES
CRIMINAL
JURISDICTION
12 n. mi.
100 miles
beyond
territorial
2 marine
leagues
Proclamation of Governor-General,
Dec. 20, 1957
L.D.-B 13/57 GGO No. W. 57/57
Ceylon Gazette Extraordinary
No. 11,222 Dec. 20, 1957
L.D.B. 13/57, G.G-O No. 57/70
No. 14, 939 of Jan . 7, 1971
Proclamation of Governor-
General, Dec. 20, 1957
Sovereign rights over continental
shelf and subsoil adjoining terri-
tory and territorial waters
Pearl Fisheries Ord., Chap. 214,
Legal Enactments of Ceylon
(1956 Rev.)
Proclamation of Governor-
General, Dec. 20, 1957
Revised Legal Enactments of
Ceylon, Chap. 168
Ordinance
Sec. 64 of Customs Ordinance,
Chap. 235, Vol. 8, Le al
Enactments of Ceylon (1956 Rev.).
See Territorial Sea Law 1971.
Customary international law
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PRESENT OCEAN CLAIMS (cont'd):
TYPE
DATE
TERMS
SOURCE, NOTES
SANITARY
1971
12 n. mi.
L.D.s. 13/57 GG-O No. w. s7/7o,
No. 14,939
Governed by territorial waters
STRAIGHT
1957
Proclamation of Governor-
BASELINES
General of Dec. 20, 1957
No specific definition given of
", .measured from appropriate
baselines..."
MULTILATERAL CONVENTIONS:
Nuclear Test Ban Treaty, 1964
Agreement for Establishment of the Indo-Pacific Fisheries
Council, 1949
MULTILATERAL DECLARATIONS:
Lusaka (non-aligned) Declaration, 1970
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ACTION ON SIGNIFICANT UN RESOLUTIONS:
Moratorium Resolution
(A/RES/2574 D, XXIV, 12/15/69)
Pending establishment of inter-
national regime, States and
persons are bound to refrain
from exploiting resources of
or Laying claim to any part
of the seabed and ocean floor
beyond the limits of national
jurisdiction.
LOS Conference
(A/RES/2750 C, XXV, 12/17/70)
Convene in 1973 a Conference on
Law of the Sea to deal with
establishment of international
regime for the seabed and ocean
floor, and enlarge Seabed
Committee by 44 members and
instruct it to prepare for the
conference draft treaty
articles embodying international
regime .
LOS Conference, Timing and Site
(A/RES/3029 A, XXVII, 12/18/72) - Adopted w/o vote
Indian Ocean as a Zone of Peace
(A/RES/2992, XXVII, 12/15/72)
Called upon littoral and
hinterland States of Indian
Ocean area, permanent members
of the Securi ty Counci 1 and other
major marl time users of Indian
Ocean to support concept that
Indian Ocean should be zone
of pea ce .
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SECRET
ACTION ON SIGNIFICANT UN RESOLUTIONS (cont'd):
Landlocked/Shelf-Locked Study
Resolution
(A/RES/3029 B, XXVII, 12/18/72)
Called for study of extent and
economic significance, in terms
of resources, of international
area resulting from each
proposal of limits of national
jurisdiction presented to
Committee on Peaceful Uses
of the Seabed.
Peruvian Coastal State Study
Resolution
(A/RES/3029 C, XXVII, 12/18/72)
Called for study of potential
economic significance 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
(A/RES/3016 XXVII, 12/18/72)
Reaffirmed right of States to
permanent sovereignty over all
their natural resources, including
those found in the seabed and the
subsoil thereof within their
national jurisdiction and in the
superjacent waters.
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SECRET
MEMBERSHIP IN ORGANIZATIONS RELATED TO LOS INTERESTS
ADB
Colombo Plan
Commonwealth
FAO
IA EA
IBRD
ILO
IMCO
IMF
ITU
Seabeds Committee
UN
UNESCO
WHO
WMO
- Asian Development Bank
- Food and Agriculture Organization
- International Atomic Energy Agency
- International Bank for Reconstruction
and Development (World Bank)
- International Civil Aviation
Organization
- International Development Association
(IBRD Affiliate)
- International Finance Corporation
(IBRD Affiliate)
- International Labor Organization
- Inter-Governmental Maritime
Consultative Organization
- Internati onal Monetary Fund (FUND)
- International Telecommunication Union
- United Nations Committee on the
Peaceful Uses of the Sea -Bed and
Ocean F1 oor beyond the Limits of
National Jurisdiction
- United Nations
- United Nations Educational, Scientific,
and Cultural Organization
- World Health Organization
- World Meteorological Organization
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UNITED NATIONS
GENERAL
ASSEMBLY
COMMITTEE GN THE PEACEFUL USES OF TIC
SEA-BED AND THE OCEAN FLOQR BEYOITD
THE LIMITS OF'NATIONF,L JURISDTCTIOAT
SUB-COMMCTTEE II
Attachment A - - _
Q
Distr.
LIMITED
r./1sc .138/sc . II/L . 3e
16 July 1973
URIGINALa EPTGLISH
llRAFT ARTICLES OT? FISHERIES
(by Canada, India, I~enya and Sri Lanka)
Note; 1. The substance of this proposal is complementary to the concept
of the exclusive economic zone and should be considered as a
part thereof.
2. The proposal is presented to promote discussion on the subject
around a concrete text and does not necessarily reflect the
final views of thc~ sponsoring delegations.
ARTICLE I
A coastal State has a right to establish an exclusive fishery zone beyond its
territorial sea. In this zone the coastal State shall exercise sovereign rights for
the purpose of exploration, exploitation, conse~?vation and management, over the
living resources, including fisheries, and shall adopt from time to time such
measures as it may deem necessary and appropriate. `lfi e livin@ resources may be
plant or animal, and. may be located. on the crater surface, within the water column,
on the sea bed or in the subsoil thereof.
ARTICLE 2
The exclusive fishery zone may not extend beyond ..... nautical miles/
from the baseline from which the breadth of the territorial sea is measured.
ARTICI,E~,
Each coastal State shall notify to the Authority designated for the purpose
by the Conference on the Law of the Sea the limits of the exclusive fishery zone
defined by co-ordinates of latitude and longitude or by any other internationally
recognised method and marked on large scale charts officially recognised by that
State.
JThe figure for the nautical miles in this Article will correspond to the
figure mentioned for the concept of the exclusive economic zone.
GE.73-48;e1
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A~AC.138~SC.II~L.38
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ARTI
The coastal State may allow nationals of other States to~fish in its
exclusive fishery zone, subject to such terms, conditions and regulations as it may
from time to time prescribe. These may, inter alia, relate to the following:
(a) Licensing of fishing vessels and equipment, including payment of
fees and other forms of remunera~ion;
(b) Limiting the number of vessels and the number of gear that may be used;
(c) Specifying the gear permitted to be used;
(d) Fixing the periods during which the prescribed species may be caught;
(e) Fixing the age and size of fish that may be caught;
(f) Fixing the quota of catch, whether in relation to particular species of
fish or to catch per vessel over a period of time or to the total catch
of nationals of one State during a prescribed period.
ARTICLE 5
Neighbouring developing coastal States shall allow each other's nationals the
right to fish in a specified area of their respective fishery zones on the basis
of long and mutually recognised usage and economic dependence on exploitation of the
resources of that area. The modalities of the exercise of this right shall be
settled by agreement bet~reen the States concerned. This right will be available
to the nationals of the State concerned and cannot be transferred to third parties
by lease or license, by establishing; joint collaboration ventures, or by any other
arrangement. Jurisdiction and. control over the conservation, development and
management of the resources of the. specified area shall lie with the coastal State
in whose zone that area is located..
AF~T7~LE 6
Nationals of a developing landlockc+d State shall enjoy the privilege to fish
in the neighbouring area of the exclusive fishery zone of the adjoining coastal
State on the basis of equality with the nationals of that State. The modalities
of the enjoyment of this privilege and the area to which they relate shall be
settled by agreement between the coastal State and the landlocked State concerned.
This privilege will be available to the nationals of the landlocked State concerned
and cannot be transferred to third parties by lease or license, by establishing
joint collaboration ventures, or by any other arrangement. Jurisdiction and control
over the conservation, development and management of the resources of the specified
area shall lie with the coastal State in whose zone that area is located.
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A~AC.138`SC.II~L.36
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ARTICLE 7
Ido State exercising foreign domination or control over a territory shall be
entitled to establish an exclusive fishery zone or to enjoy any other right or
privilege referred to in these Articles erith respect to such territory.
Iu~TICLE 8
A coastal Sta~~a has a special interes in the maintenance of the productivity
of the living resources of the area of the sea adjacent to the exclusive fishery
zone, and may take appropriate measures to protect this interest. A coastal State
shall enjoy preferential rights to the resources of this area and may reserve for
its nationals a portion of the allowable catch of these resources corresponding to
its harvesting capacity.
ARTICLE
Regulations may be made on a regional basis for the exploration,
exploitation, conservation and development of the living resources of the area of
the sea outside the limits of the exclusive fishery zone, tahere these resources are
of limited migratory habits and breed, feed and survive on the resources of the
region. The States of the region may establish these regulations by entering
into an agreement or convention bet~reen themselves, or request the Authority,
designated for the purpose by the Conference on the Law of the Sea, to formulate
these regulations for the region subject to ratification by them.
ARTICLE 10
In respect of fisheries of highly migratory habits outside the limits of
the exclusive fishery zone, regulations for their exploration, exploitation,
conservation and development shall be made by the Authority designated for the
purpose by the Conference on the Lana of the Sea.
ARTICLE 11
(On lnadromous Species)
ARTICLE 12
All fishing activities in the exclusive fishery zone and the rest of tYie sea
shall be conducted with due regard to the interests of the other States in the
legitimate uses of the sea. In the exercise of their rights, the other States
shall not interfere with fishing activities in the exclusive fishery zone.
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ARTICLE 13
The jurisdiction and control over all fishing activities within the
exclusive fishery zone shall lie with the coastal State concerned. Any difference
or dispute concerning the limits of the zone ,or the interpretation or validity of
the terms, conditions or re~nzlations referred to in Article 5, or the interpretation
and application of these Articles shall be settled by the competent institutions
of the coastal State concerned.
Any difference or dispute concerning fishing activities outside the
exclusive fishery zone shall be referred to the Authority designated for the
purpose by the Conference on the Law of the Sea.
ARTICLE 14
(Final clauses, etc.)
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Secret
No Foreign Dissem
Secret
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