UNITED STATES OF AMERICA: DRAFT ARTICLES FOR A CHAPTER ON THE ECONOMIC ZONE AND THE CONTINENTAL SHELF*

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82S00697R000300030043-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 12
• Document Creation Date: December 12, 2016
• Document Release Date: October 1, 2001
• Sequence Number: 43
• Publication Date: August 8, 1974
• Content Type: SUMMARY

1 o a 2001/11/08 : CIA-RDP82S00697R000300030043-7
LI. I'1': iJ
SECOND COMMITTEE
United States of America: draft articles for a chapter on the
econo,naic zone and the continental shelf*'
PART I. THE ECONOMIC ZONE
A. Coastal State Jurisdiction
Article 1. General
1. The coastal State exercises in and throughout anSareaibyod adjacent to ant
its territorial sea, known as the economic zone, the jurisdiction ctioe and the and sovereign
exploiting
exclusive rights set forth in this chapter for the pure
the natural resources, whether renewable or non-renewable, of the sea-bed and subsoil.
and the superiacent waters.
2. The coastal State exercises in the economic zone the other rights and duties
specified in this Convention, including those with regard to the protection and
preservation of the marine environment and the conduct of scientific research.**
3. The exercise of these rights shall be in conformity with and subject to the
provisions of this Convention, and shall be without prejudice to the provisions of
part III of this chapter.
Article 2. Limits
The outer limit of the economic zone shall not exceed 200 nautical miles from the
applicable baselines for measuring the territorial sea.
These articles, which are presented as a basis for negotiation subject to
agreement on other basic questions of the law of the sea, replace in their entirety
draft articles on fisheriesand coaRecordsstal Aarea ssem~lya~TwentY-seventh
documents A/AC.13S/SC.II/L.9 /Offic
Session, Supplement No. 21 (A/&721, pp. 175-179 and. A/AC.l /SC. /L.35, abb.,
y Wirth Session, Supplement. No. 21 (A/9021, vol. III, pp. 75-77)7.
Detailed provisions on these subjects are to be set forth in the chapters of
the Convention on scientific research and pollution.
C-1056 Approved For Release 2001/11/08 : CIA-RDP82SO0697R000300030043-7
 Approved For Release 2001/11/08 : CIA-RDP82SO0697R000300030043-7
A/COIF.62/C.2/L.l7
English
Page 2
Article 3. Artificial Islands and Installations
1. The coastal State shall have the exclusive right to authorize and regulate,
in the economic zone, the construction, operation and use of artificial islands and
installations for the purpose of exploration or exploitation of natural resources, or
for other economic purposes, and of any installation which may interfere with the
exercise of the rights of the coastal State in the economic zone.
2. The coastal State may, where necessary, establish reasonable safety zones
around such off-shore installations in which it may take appropriate measures to
ensure the safety both of the installations and of - ;-.tion.
3. The provisions of article 28 shall apply, mutatis mutandis, to such artificial
islands and installations.
Article 4. Drilling
The coastal State shall have the exclusive right to authorize and regulate drilling
for all purposes in the economic zone.
Article 5. Right to Protect the Marine Environment
In exercising its rights with respect to installations and sea-bed activities in
the economic zone, the coastal State may establish standards and requirements for the
protection of the marine environment additional to or more stringent than those required
by applicable international standards.
Article 6. Coastal State Measures
With respect to activities subject to its sovereign or exclusive rights, the
coastal State may take such measures in the economic zone as may be necessary to ensure
compliance with its laws and regr-latiorts in conformity with the provisions of this
Convention.
B. International Standards and Duties
Article 7. Navigation, Overflight, and Other Rights
Nothing in this chapter shall affect the rights of freedom of navigation and
overflight, and other rights recognized by the general principles of international law,
except as otherwise specifically provided in this Convention. The provisions of this
article do not apply to activities for which the authorization of the coastal State is
required pursuant to this Convention.
Approved For Release 2001/11/08 : CIA-RDP82SO0697R000300030043-7 /, . .
 Approved For Release 2001/11/08 : CIA-RDP82SO0697R000300030043-7
2[i. 47
English
Page 3
Article B. Unjustifiable Interference
1. The coastal State shall exercise its rights and perform its duties in the
economic zone without unjustifiable interference with navigation or other uses of the
seas and ensure compliance with applicable international standards established by the
appropriate international organizations for this-purpose.
2. In exercising their'''rights, States shall not unjustifiably interfere with the
exercise of the rights-or the performance of the duties of the coastal State in the
economic zone.
Article 9. Duty to Protect the Marine Environment
In exercising its rights with respect to installations. and sea-bed activities, the.
coastal State shall take all appropriate measures in the economic zone for the
protection of the marine environment from pollution, and ensure compliance with
international minimum standards for this purpose established . in. accordance with the
provisions of chapter . (pollution).
Article 10. Dispute Settlement
Any dispute with respect to the interpretation .or.application of this chapter shall,
if requested by any party to the dispute, be resolved by the. compulsory dispute
settlement procedures contained in chapter
Approved For Release 2001/11/08 : CIA-RDP82SO0697R000300030043-7
 A/C07r.62/A1 to d For Release 2001/11/08 : CIA-RDP82SO0697R000300030043-7
Eng;i i.-11
Page l
PART II. FISHERIES
Article 11. General
The coastal State exercises exclusive rights for the purpose of regulating
fishing within the economic zone, subject to the provisions of these articles.
Article 12. Conservation
1. The coastal State shall ensure the conservation of renewable resources
witirin the economic zone.
2. For this purpose, the coastal State shall apply the following principles:
(a) allowable catch and other conservation measures shall be established which
are designed, on the best evidence available to the coastal State, to maintain or
restore populations of harvested species at levels which can produce the maximum
sustainable yield, taking into account relevant environmental and economic factors,
and any generally agreed global and regional minimum standards;
(b) such measures shall take into account Effects or. species associated with
or dependent upon harvested species and at a minimum, shall be designed to maintain
or restore populations of such associated or dependent species above levels at which
they may become threatened with extinction;
(c) for this purpose, scientific information, catch and fishing effort statistics,
and other relevant data shall be contributed and exchanged on a regular basis;
(d) conservation; ueasures and their implementation shall not discriminate in
form or fact against any fisherman. Conservation measures shall remain in force
pending the settlement, in accordance with the provisions of chapter , of
disagreement as to their validity. any
Article 13, Utilization
1. The coastal State shall ensure the full utilization of renewable resources
within the economic zone.
2. For this purpose, the coastal State shall permit nationals of other States
to fish for that portion of the allowable catch of the renewable resources not fully
utilized by its nationals, subject to the conservation measures adopted pursuant to
article 12, and on the basis of the following priorities:
(a) States that have normally fished for a resource, subject to the conditions
of paragraph 3;
(b) States in the region, particularly land-locked States and States with limited
access to living resources off their coast; and
(c) all other States.
Approved For Release 2001/11/08 : CIA-RDP82SO0697R000300030043-7
 Approved for Release 2001/11/08 : CIA-RDP82S00697R000300030043-7
A/CONF.62/C.2/L.47
English
Page 5
The coastal State may establish reasonable regulations and require the payment of
reasonable fees for this purpose.
3. The priority under paragraph 2 (a) above shall be reasonably related to the
extent of fishing by such State. Whenever necessary to reduce such fishing in order
to accommodate an increase in the harvesting capacity 'of a coastal State, such
reduction shall be without discrimination, and the coastal State shall enter into
consultations for this purpose at the request of the State or. States concerned with
a view to minimizing adverse economic consequences of such reduction.
4. The coastal State may consider foreign nationals fishing pursuant to
arrangements under articles 14 and 15 as nationals of the coastal State for purposes
of paragraph 2 above.
Article 11+. Neighbouring Coastal States
Neighbouring coastal States. may allow each others' nationals the right to fish in
a specified area of their respective economic zones on the basis of reciprocity, or
long and mutually recognized usage, or economic dependence of a State or region thereof
on exploitation of the resources of that area. The modalities of the exercise of this
right shall be settled by agreement between the States concerned. Such right cannot
be transferred to third parties.
Article 15. Land-locked States
Nationals of a land-locked State. shall enjoy the privilege to fish in the
neighbouring area of the economic 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 shall be settled by agreement between the parties concerned.
Article 16. International Co-operation Among States
1. States shall co-operate in the elaboration of global and regional standards
and guidelines for the. conservation, allocation, and rational management of living
resources directly or within the framework of appropriate international and regional
fisheries organizations.
2. Coastal States of a region shall, with respect to fishing for identical
or associated species, agree upon the measures necessary to co-ordinate and ensure
the conservation and equitable allocation of such species.
3. Coastal States shall give to all affected States timely notice of any
conservation, utilization and allocation regulations prior to their implementation,
and shall consult with such States at their request.
Article 17. Assistance to Developing Countries
An international register of independent fisheries experts. shall be established and
maintained by the Food and Agricultural Organization of the United Nations. Any
developing State party to the Convention desiring assistance may select an appropriate
number of such experts to serve as fishery management advisers to that State.
Approved For Release 2001/11/08 : CIA-RDP82S00697R000300030043-7 / ?
 Approved For Release 2001/11/08 : CIA-RDP82SO0697R000300030043-7
A/CONF.62/C.2/L.47
English
. e 6
Article 18. Anadromous Species
1. Fishing for anadromous species seaward of the territorial sea (both-within
and beyond the economic zone) is_prohibited, except as authorized by the State of
origin in accordance with articles 12 and 13.
1
2. States through whose internal waters or territorial sea anadromous species
migrate shall co-operate with the State of origin in the conservation and utilization
of such species.
Article 19. Highly Migratory Species
Fishing for highly migratory species shall be regulated in accordance with the
following principles:
A. Management. Fishing for highly migratory species listed in Annex A within
the economic zone shall be regulated by the coastal State, and beyond the economic
zone by_the State of nationality of the vessel, in accordance with regulations
established by appropriate international or regional fishing organizations pursuant
to this crticle.
(1) All coastal States in the region, and any other State whose flag vessels
harvest a species subject to regulation by the organization, shall participate in
the organization. If no such organization has been established, such States shall
establish one.
(2) Regulations of the organization in accordance with this article shall apply
to all vessels fishing the species regardless of their nationality.
B. Conservation. The organization shall, on the basis of the best scientific
evidence available, establish allowable catch and other conservation measures in
accordance with the principles of article 12.
C. Allocation. Allocation regulations of the organization shall be designed to
ensure full utilization of the allowable catch and equitable sharing by member States.
(1) Allocations shall take into account the special interests of the coastal
State within whose economic zone highly migratory species are caught, and shall for
this purpose apply the follr"tai g principles within and beyond the economic zone:
/__nsert appropriate principles
(2) Allocations shall be designed to minimize adverse economic consequences in
a State or region thereof.
D. Fees. The coastal State shall receive reasonable fees for fish caught by
foreign vessels in its economic zone, with a view to making an effective contribution
to coastal State fisheries management and development programmes. The organization
shall establish rules for the collection and payment of such fees, and shall make
appropriate arrangements with the coastal State regarding the establishment and
application of such rules. In addition, the organization may collect fees on a
non-discriminatory basis based on fish caught both within and outside the economic
zone for adr iA} ~t 1vPoF IgrasigrdUf1i/i1TT?tTh R > 66697R000300030043-7 /. ? .
 Approved For Release 2001/11/08 : CIA-RDP82SO0697R000300030043-7
A/CoNF.62/C.2/L.47
English
Page 7
L. Preventionof 1nte:?ference. The organization shall establish fishing
regulations for highly migratory 'species in :uch a way as to prevent unjustifiable
interference with other uses of the sea, including coastal State fishing activities,
and shall give due consideration to coastal State proposals in this regard.
F. Transition. Pending the establishment of-an organization in accordance with
this article, the provisions of this article shall be applied temporarily by agreement
among the States conce ned.
G. Interim Measures. If the organization or States concerned are unable to
reach agreement on any of the matters specified in this article, any State party may
request, on an urgent basis, pending resolution of the dispute, the establishment of
interixi measures applying the provisions of this article pursuant to the dispute
settlement procedures specified in chapter The immediately preceding agreed
regulations shall continue to be observed until interim measures are established.
Article 20. Marine Mammals
Notwithstanding the provisions of this chapter with respect to full utilization
of living resources, nothing herein shall. prevent a coastal State or international
organization, as appropriate, from prohibiting the exploitation of marine mammals.
Article 21. Enforcement
1. The coastal State may, in the exercise of its rights under this chapter
with respect to the renewable natural resources, take such measures, including
inspection and arrest, in the economic zone, and, in the case of anadromous species,
seaward of the economic zones of the host State and other States, as may be necessary
to ensure compliance with its laws and regulations, provided that when the State of
nationality of a. vessel has effective procedures for the punishment of vessels fishing
in violation of such laws and regulations, such vessels shall be delivered promptly
to duly authorized officials of the State of nationality of the vessel for legal
proceedings, and may be prohibited by.the coastal State from any fishing in the zone
pending disposition of the case. The State of-nationality shall within six months
after such delivery notify the coastal State of the disposition of the case.
2. Regulations adopted by international organizations in accordance with Article 1
shall be enforced as follows:
(a) Each State member of the organization shall make it an offence for its flag
vessels to violate such regulations, and shall.co-operate with other States in order
to ensure compliance with such regulations.
(b) The coastal State may inspect and arrest foreign vessels in the economic
zone for violating such regulations. The organization shall establish procedures for
arrest and inspection by coastal. and other States for violations of such regulations.
beyond the economic zone.
Approved For Release 2001/11/08 : CIA-RDP82SO0697R000300030043-7
 Approved For Release 2001/11/08 : CIA-RDP82SO0697R000300030043-7
/co.;x.62; "/T-. 47
English
Page 8
(c) An arrested vessel of a State member of the organization shall be promptly
delivered to the duly authorized officials of the flag State for legal proceedings if
requested by that State.
(d) The State of nationality of the vessel shall notify the organization and
the arresting State of the disposition of the case within six months.
3. Arrested vessels and their crew shall be entitled to release upon the posting
of reasonable bond or other security. Imprisonment or other forms of corporal
punishment in respect of conviction for fishing violations may be imposed only by the
State of nationality of the vessel or individual concerned.
Approved For Release 2001/11/08 : CIA-RDP82SO0697R000300030043-7
 Approved For Release 2001/11/08: CIA-RDP82S00697R0003000306/4(F?62/C.2/L.47
English
Page 9
PART III. THE CONTINENTAL SHELF
Article 22. General
1. The coastal State exercises sovereign rights over the continental shelf for
the purpose of exploring and exploiting its natural resources.
2. The continental shelf is the sea-bed and subsoil of the submarine areas
adjacent to.and beyond the territorial sea to the limit of the economic zone or, beyond
that limit, throughout the submerged. natural prolongation of the land territory of the
coastal State to the outer limit of its continental margin, as precisely defined and
delimited in accordance with article 23.
3. The provisions of this article are without prejudice to the question of
delimitation between adjacent and opposite States.
Article 23. Limits
(Provisions are needed for locating and defining the precise limit of the
continental margin, and to provide a precise and permanent boundary between coastal
State jurisdiction and the international sea-bed area.)
Article 24. Natural Resources
The natural resources referred to in article 22 consist of the mineral and other
non-living resources of the sea-bed and subsoil together with living organisms belonging
to sedentary species, that is to say,. organisms which, at the harvestable stage, either
are immobile on or under the sea-bed or are unable to move except in constant physical
contact with the sea-bed or the.subsoil.
Article 25. Superjacent Waters
The. rights of the coastal State over the continental shelf do not affect the legal
status of the superjacent waters, or that of the air space above those waters.
Article 26. Application of Economic Zone Provisions
The provisions of part 1 of this chapter shall apply, mutatis mutandis, to the
sea-bed and subsoil of the continental shelf.
Article 27. Duties with Respect to Non-Renewable Resources
In the exercise of its rights with respect to the non-renewable resources of.the.
continental shelf, the coastal State:
(a) shall comply with legal arrangements which it has entered into with other
contracting States, their instrumentalities, or their nationals in respect to the
exploration or exploitation of such resources and shall not take property of such States,
instrumentalities or nationals except for a public purpose on a non-discriminatory basis
and with adequate provisions at the time for prompt payment of just compensation in an
effectively realizable form, and
Approved For Release 2001/11/08 : CIA-RDP82SO0697R000300030043-7 ~?
 Approved For Release 2001/11/08 : CIA-RDP82SO0697R000300030043-7
A/COi&.62/c.d/L.4'j
English
Page 10
(b) shall pay, in respect of the exploitation of such non-renewable resources
seaward of the territorial sea or the 20O-ac tr?e isobath, whichever is farther seaward
(insert formula), to be wed as specified in article , for international
community purposes, particularly for the benefit of developing countries.
Article 28.
1. The coastal State shall have the exclusive right to authorize and regulate on
the continental shelf the construction, operation and use of artificial islands and
installations for the purpose of exploration or exploitation of natural resources or for
other economic purposes, and of any installation which may interfere with the exercise
of the rights of the coastal State.
2. The coastal State may, where necessary, establish reasonable safety zones
around such off-shore in_t,-tli tins in which.it may tike appropriate measures to ensure
the safety both of the installations and of navigation. Such safety zones shall be
designed to ensure that they are reasonably related to the nature and function of the
installation. Ships of all nationalities must respect these safety zones.
3. The breadth of the safety zones shall be determined by the coastal State and
shall conform to applicable international standards in existence or to be established by
the Inter-Governmental Maritime Consultative Organization regarding the establishment
and breadth of safety zones. In the absence ofsuch additional standards, safety zones
around installations for the exploration and exploitation of non-renewable resources of
the sea-bed and subsoil may extend to a distance of 500 metres around the installations,
measured from each point of their outer edge.
4. Due notice must be given of the construction of any such installations and the
extent of safety zones, and permanent means for giving warning of the presence of such
installations must be maintained. Any such installations which are abandoned or disused
must be entirely removed.
5. States shall ensure compliance by vessels of their flag with applicable
international standards regarding navigation outside the safety zones but in the vicinity
of such off-?:.h-ur.: i; .;ta1 . _ ;.
6. Installations and safety zones around them may not be established where
interference may be cauaed., o t:hc use. of reX~=lzed sea lanes essential to international
navigation.
7. For the purpose of this section, the term "installations" refers to artificial
off--shore islands, !'t-.ci iities , ? similar d vices , other than those which are mobile in
their normal mode of operation at sea. Installations shall not afford a basis for a
claim to a territorial sea or economic zone, and their presence does not affect the
delimitation of the territorial sea or economic zone of the coastal State.
1...
Approved For Release 2001/11/08 : CIA-RDP82SO0697R000300030043-7
 Approved For Release 2001/11/08 : CIA-RDP82S00697R000300030043-7
A/CONF.62/C.2/L.1t7
English
Page 11
Article 29. Submarine Cables and Pipelines
1. Subject to its right to take reasonable measures for the exploration and
exploitation of the natural resources of the continental shelf, the coastal State may
not impede the laying or maintenance of submarine cables or pipelines on the continental
shelf.
2. Nothing in this article shall affect the jurisdiction of the coastal State over
cables and pipelines constructed or used in connexion with the exploration or
exploitation of its continental shelf or the operations of an installation under its
jurisdiction, or its right to establish conditions for cables or pipelines entering its
territory or territorial sea.
/...
Approved For Release 2001/11/08 : CIA-RDP82S00697R000300030043-7
 Approved For Release 2001/11/08 : CIA-RDP82S00697R000300030043-7
English
Annex A
Page 1
HIGHLY MIGRATORY SPECIES
1. Albacore Tuna
2. Bluefin Tuna
3. Bigeye Tuna
4. Skipjack Tuna
5. Yellowfin Tuna
6. Pomfrets
7. Marlin
8. Sailfishes
9. Swordfish
10. Sauries
.11. Dolphin (fish)
12. Cetaceans (whales and porpoises)
Approved For Release 2001/11/08 : CIA-RDP82S00697R000300030043-7