as a major maritime nation, has been the achievement within the internationa community of a common policy concerning the regime of the high seas which would encompass the breadth of territorial sea, preferential treatment for coastal state fisheries, the expansion and exploitation of the resources of the seabed, and free transit through international straits. Last May, the President set forth major United States proposals relating to the international law of the sea for consideration by the international community as a possible solution to unresolved issues in this area. 1/ In December 1970, 108 United Nations member states approved a General Assembly resolution which declared oceanic resources "the common heritage of mankind," and called for the convening of a Law of the Sea Conference in Geneva in 1973 to deal with all critical issues relating to maritime rights and development of ocean resources. Preparatory work for the conference is actively proceeding within the United Nations, and U.S. Government officials have expressed the hope that substantial progress toward resolution of the complex issues relating to the law of the sea will be made at that time. 1/ The text of President Nixon's statement on United States Ocean Policy, released by the White House on May 23, 1970, appears in Weekly Compilation of Presidential Documents, May 25, 1970, Vol. 6, No. 21, PP. 677-678. B. NEGOTIATION OF A QUADRIPARTITE SETTLEMENT ENCOMPASSING THE GOALS During formal four-party conferences and in bilateral talks which have occurred intermittently since 1955, the United States has devoted its efforts to devising a practical formula for resolution of the fishing rights controversy which would satisfy the conservation needs of the CEP nations while allowing U.S. fishermen to operate within the limits of the 200-mile Maritime Zone, without prejudicing conflicting juridical stands on the issue of territorial sovereignty. For some time, the United States has proposed the enactment of a quadripartite fishing convention by which the CEP nations and the United States would exercise joint authority over the disputed region. In many instances, effective settlements of fishing disputes involving other nations have been reached through their mutual participation in compacts of this type. Conventions have provided for the establishment of intergovernmental regulatory commissions which supervise the utilization and conservation of the marine resources by geographic area, species or other determination mutually agreed upon by the contracting parties. The United States is a party to nine regional conventions of this nature. The CEP nations have consistently rejected U.S. conservation proposals along these lines. However, at the August 1969 Quadripartite Conference held in Buenos Aires, the United States presented a new proposal in the form of a draft convention on conservation of living resources which included formulas for effective utilization and conservation of CEP marine resources and provided guidelines for four-nation cooperation in fishing industry research and development. This draft convention has been the basis for negotiations among the four nations since that time, and United States delegations to subsequent talks have expressed optimism in their belief that progress is ensuing toward the establishment of a framework for international agreement. The second session of the quadripartite conference, which reconvened in Buenos Aires in September 1970, adjourned after further study of the proposal with the intention of convening a third session before the end of July 1971. In the interim period, technical committees were delegated to continue study of the matter. However, unless the United States and Ecuador can resolve their differences arising out of the 1971 flareup of the "tuna war," further progress toward eventual resolution of the controversy is doubtful. APPENDIX A (1) Presidential Proclamation No. 2667, Concerning the Policy of the United States with respect to the Natural Resources of the Subsoil and Sea Bed of the Continental Shelf, 28 September 1945 PRESIDENTIAL PROCLAMATION No. 2667, coNCERNING THE POLICY OF Whereas the Government of the United States of America, aware of Whereas its competent experts are of the opinion that such resources underlie many parts of the continental shelf off the coasts of the United States of America, and that with modern technological progress their utilization is already practicable or will become so at an early date; and Whereas recognized jurisdiction over these resources is required in the interest of their conservation and prudent utilization when and as development is undertaken; and Whereas it is the view of the Government or the United States that the exercise of jurisdiction over the natural resources of the subsoil and sea bed of the continental shelf by the contiguous nation is reasonable and just, since effectiveness of measures to utilize or conserve these resources would be contingent upon co-operation and protection from the shore, since the continental shelf may be regarded as an extension of the land-mass of the coastal nation and thus naturally appurtenant to it, since these resources frequently form a seaward extension of a pool or deposit lying within the territory, and since self-protection compels the coastal nation to keep close watch over activities off its shores which are of the nature necessary for utilization of these resources; Now, therefore, I, Harry S. Truman, President of the United States of America, do hereby proclaim the following policy of the United States of America with respect to the natural resources of the subsoil and sea bed of the continental shelf. Having concern for the urgency of conserving and prudently utilizing its natural resources, the Government of the United States regards the natural resources of the subsoil and sea bed of the continental shelf beneath the high seas but contiguous to the coasts of the United States as appertaining to the United States, subject to its jurisdiction and control. In cases where the continental shelf extends to the shores of another State, or is shared with an adjacent State, the boundary shall be determined by the United States and the State concerned in accordance with equitable principles. The character as high seas of the waters above the continental shelf and the right to their free and unimpeded navigation are in no way thus affected. |