For example, there are increasing indications that complex oceanic and atmospheric interrelationships are responsible for significant weather patterns. Scientific synoptic studies in this field generally require large-scale activity over broad oceanic areas which might be most effectively undertaken by several nations working together.

Last year the President of the United States stated:

Truly great accomplishments in oceanography will require the cooperation of all the maritime nations of the world. And so today I send our voice out from this platform calling for such cooperation, requesting it, and urging it."

The United States Navy has long been active in international cooperative oceanographic efforts. The recent Indian Ocean expedition and the Navy's participation in the International Hydrographic Bureau are examples of such cooperation. This then is our immediate task: to continue to devote our energies to the preservation of an optimum legal environment for the scientists of all nations and to the creation of such tedious, unromantic, but necessary legal arrangements as may be needed to foster full and fruitful international scientific cooperation consistent with the needs of the future.

It should be emphasized, however, that the existing legal framework contains flexible and favorable rules which can provide an adequate basis for necessary legal adaptations to meet the problems stemming from foreseeable scientific activities. If municipal legal systems required statutory innovation every time a new situation developed, there could be no law. The same is true of international law. We do not belittle the great innovations of scientists by failing to come forth with equally astonishing legal innovations. The very measure of the law is its capacity to deal, at least temporarily, with unanticipated situations without major legislative innovations.

The challenge of oceanography is to keep legal obstacles to a minimum while at the same time insuring that there exists an effective system of order on, in, and under the oceans. At the present time, the obstacles facing oceanography are ignorance, primitive technology, and natural dangers-not conflicts among nations. Right now we all have a common interest in learning as much as we can as fast as we can.

It may be some time before the nations of the world decide what developments or arrange

ments regarding the deep oceans are necessary and desirable. The oceans are already vital to the communications and security of the world. Before long, the ocean's harvest of food and minerals will be equally vital to our well-being. The ability of the world's nations to approach the new problems of ocean resources in a spirit of restraint and mutual respect may well be the measure of their capacity to replace old prejudices and sensitivities with new and constructive cooperation with respect to all problems.

By the time we learn more about the deep oceans and their resources, we may, as all of us earnestly hope, be within reach of a new era of cooperation and good will in which seemingly vast political controversies become nothing but technical matters to be solved by a panel of experts. In the meantime, we must all continue to support true freedom of the seas for all nations, great and small—namely, rights of navigation, overflight, exploration, research, exploitation, and development. As President Johnson himself has observed, "We must be careful to avoid a race to grab and to hold the lands under the high seas. We must ensure that the deep seas and the ocean bottoms are, and remain, the legacy of all human beings." 98

At least for now, let all the resources of all the deep oceans be those of man himself—not any nation or patchwork of nations. On land we have dedicated ourselves to the task of overcoming the prejudices and suspicions which separate men across national boundaries. It is a bold ideal that we can meet in the oceans without walls, curtains, or fences.

At the present time it would appear that no attorney can penetrate the fog of coming events and identify or seize all of the essential factors which will determine the final or correct solution to the problems and challenges posed by this era of four-dimensional seapower. While the final outcome is not clear, what is clear is that it is essential to launch a searching appraisal of the evolving law of the sea in relation to the requirements of the United States in the international system of tomorrow.

In the words of the American Bar Association resolution of last year, "The formulation of sound legal principles in this field is a matter of great importance to the welfare and security of the United States, and can only be accomplished with full appreciation of the political, economic, and scientific factors involved." 99

97. Remarks at the commissioning of the USC&GSS OCEANOGRAPHER, Washington Navy Yard, July 13, 1966, 2 Weekly Compilation of Presidential Documents 930, 931.

98. Ibid.

99. 89th Annual Meeting, House of Delegates, Second Session, August 9, 1966, 91 Reports of the American Bar Association 366 (1966).

His Majesty The King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India, and the President of the United States of Venezuela.

Desiring in a spirit of goodwill to make provision for and to define as between themselves their respective interests in the submarine areas of the Gulf of Paria, Have decided to conclude a treaty for that purpose and, to that end, have named as their Plenipotentiaries:

...

Who, having communicated to each other their full powers, found in good and due form, have agreed as follows:

Article 1. In this treaty the term "submarine areas of the Gulf of Paria" denotes the sea-bed and sub-soil outside of the territorial waters of the High Contracting Parties to one or the other side of the lines A-B, B-Y and Y-X.

Article 2. (1) His Majesty The King declares that he for his part will not assert any claim to sovereignty or control over those parts of the submarine areas of the Gulf of Paria which lie westerly of the line A-B, or southerly of the lines B-Y and Y-X respectively described in article 3 of the present treaty, and that he will recognize any rights of sovereignty or control which have been or may hereafter be lawfully acquired by the United States of Venezuela over the said parts of the submarine areas of the Gulf of Paria.

(2) The President of the United States of Venezuela declares that he for his part will not assert any claim to sovereignty or control over those parts of the submarine areas of the Gulf of Paria which lie easterly of the line A-B or northerly of the lines B-Y and Y-X respectively, described in article 3 of the present treaty, and that he will recognize any rights of sovereignty or control which have been or may hereafter be lawfully acquired by His Majesty The King over the said parts of the submarine areas of the Gulf of Paria.

Article 3. The lines A-B, B-Y and Y-X mentioned in the preceding article are drawn on the annexed map* and are defined as follows:

Line A-B runs from point A, which is the intersection of the central meridian of the island of Patos with the southern limit of the territorial waters of the island, the approximate co-ordinates of which are: latitude 10°35'04'' N., longitude 61°51'53" W. From there the line runs straight to point B which is situated at the

• Not reproduced.

limit of the territorial waters of Venezuela at the point of their intersection with the meridian of 62°05′08′′ W., the approximate latitude of which is 10°02′24′′ N.

Line B-Y runs from point B, already established, and follows the limits of the territorial waters of Venezuela to point Y, where the said limits intersect the parallel of 9°57'30" N., the approximate longitude of which is 61°56'40'' W.

Line Y-X runs from point Y, already established, and follows the said parallel of 9°57′30′′ N. to point X, situated on the meridian of 61°30′00′′ W.

The longitude of the central meridian of the island of Patos to which this article refers shall be determined by taking the mathematical half of the most eastern and the most western longitudes of the said island.

Should the straight lines A-B or Y-X described in this article intersect in their course the outside limit of the territorial waters of either of the two high contracting parties, the dividing line shall follow along the said limit until it reaches again the intersecting straight line in conformity with the stipulations in articles 1 and 5 of this treaty, which exclude the bed of the sea and the sub-soil of territorial waters.

The co-ordinates of points A, B and Y which are here given approximately shall be determined with exactness by the Commission provided for in article 4 of this treaty.

Article 4. (1) The high contracting parties shall, as soon as practicable after the coming into force of this treaty, appoint a mixed Commission to take all necessary steps to demarcate the lines A-B, B-Y and Y-X by means of buoys or other visible methods on the surface of the sea or on the land as the case may be. Any buoys or other means employed shall, however, conform in all respects to the provisions of article 6 of this treaty.

(2) The manner in which this mixed Commission shall be constituted and the instructions to which it shall be subject for the fulfillment of its duties shall be laid down in a special protocol or by an exchange of notes.

Article 5. This treaty refers solely to the submarine areas of the Gulf of Paria, and nothing herein shall be held to affect in any way the status of the islands, islets or rocks above the surface of the sea together with the territorial waters thereof.

Article 6. Nothing in this treaty shall be held to affect in any way the status of the waters of the Gulf of Paria or any rights of passage or navigation on the

surface of the seas outside the territorial waters of the contracting parties. In particular passage or navigation shall not be closed or be impeded by any works or installations which may be erected, which shall be of such a nature and shall be so constructed, placed, marked, buoyed and lighted, as not to constitute a danger or obstruction to shipping.

Article 7. Each of the high contracting parties shall take all practical measures to prevent the exploitation of any submarine areas claimed or occupied by him in the Gulf from causing the pollution of the territorial waters of the other by oil, mud or any other fluid or substance liable to contaminate the navigable waters or the foreshore and shall concert with the other to make

the said measures as effective as possible.

Article 8. Each of the high contracting parties shall cause to be inserted in any concession which may be granted for the exploitation of submarine areas in the Gulf of Paria stipulations for securing the effective observance of the two preceding articles, including a requirement for the use by the concessionaire of modern equipment, and shall cause the operation of any such concession to be supervised in order to ensure that the provisions of the present treaty are complied with. Article 9. All differences between the high contracting parties relating to the interpretation or execution of this treaty shall be settled by such peaceful means as are recognized in international law.

Whereas the Government of the United States of America, aware of the long range world-wide need for new sources of petroleum and other minerals, holds the view that efforts to discover and make available new supplies of these resources should be encouraged; and 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 of 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 the effectiveness of measures to utilize or conserve these resources would be contingent upon cooperation 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.

The States Parties to this Convention

Have agreed as follows:*

ARTICLE 1

For the purpose of these articles, the term "continental shelf" is used as referring (a) to the seabed and subsoil of the submarine areas adjacent to the coast but outside the area of the territorial sea, to a depth of 200 metres or, beyond that limit, to where the depth of the superjacent waters admits of the exploitation of the natural resources of the said areas; (b) to the seabed and subsoil of similar submarine areas adjacent to the coasts of islands.

ARTICLE 2

1. The coastal State exercises over the continental shelf sovereign rights for the purpose of exploring it and exploiting its natural resources.

2. The rights referred to in paragraph 1 of this article are exclusive in the sense that if the coastal State does not explore the continental shelf or exploit its natural resources, no one may undertake these activities, or make a claim to the continental shelf, without the express consent of the coastal State.

3. The rights of the coastal State over the continental shelf do not depend on occupation, effective or notional, or on any express proclamation.

4. The natural resources referred to in these articles consist of the mineral and other non-living resources of the seabed 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 seabed or are unable to move except in constant physical contact with the seabed or the subsoil.

ARTICLE 3

The rights of the coastal State over the continental shelf do not affect the legal status of the superjacent waters as high seas, or that of the airspace above those waters.

Parties as of 1 October 1967: Albania, Australia, Bulgaria, [Byelorussian S.S.R.], Cambodia, Colombia, Czechoslovakia, Denmark, Dominican Republic, Finland, France, Guatemala, Haiti, Israel, Jamaica, Madagascar, Malawi, Malaysia, Malta, Mexico, Nether

ARTICLE 4

Subject to its right to take reasonable measures for the exploration of the continental shelf and the exploitation of its natural resources, the coastal State may not impede the laying or maintenance of submarine cables or pipe lines on the continental shelf.

ARTICLE 5

1. The exploration of the continental shelf and the exploitation of its natural resources must not result in any unjustifiable interference with navigation, fishing or the conservation of the living resources of the sea, nor result in any interference with fundamental oceanographic or other scientific research carried out with the intention of open publication.

2. Subject to the provisions of paragraphs 1 and 6 of this article, the coastal State is entitled to construct and maintain or operate on the continental shelf installations and other devices necessary for its exploration and the exploitation of its natural resources, and to establish safety zones around such installations and devices and to take in those zones measures necessary for their protection.

3. The safety zones referred to in paragraph 2 of this article may extend to a distance of 500 metres around the installations and other devices which have been erected, measured from each point of their outer edge. Ships of all nationalities must respect these safety

zones.

4. Such installations and devices, though under the jurisdiction of the coastal State, do not possess the status of islands. They have no territorial sea of their own, and their presence does not affect the delimitation of the territorial sea of the coastal State.

5. Due notice must be given of the construction of any such installations, and permanent means for giving warning of their presence must be maintained. Any installations which are abandoned or disused must be entirely removed.

6. Neither the installations or devices, nor the safety zones around them, may be established where interference may be caused to the use of recognized sea lanes essential to international navigation.

7. The coastal State is obliged to undertake, in the

lands, New Zealand, Poland, Portugal, Romania, Senegal, South Africa, Sweden, Switzerland, Uganda, [Ukranian S.S.R.], Union of Soviet Socialist Republics, United Kingdom, United States, Vene zuela, and Yugoslavia.

safety zones, all appropriate measures for the protection of the living resources of the sea from harmful agents. 8. The consent of the coastal State shall be obtained in respect of any research concerning the continental shelf and undertaken there. Nevertheless the coastal State shall not normally withhold its consent if the request is submitted by a qualified institution with a view to purely scientific research into the physical or biological characteristics of the continental shelf, subject to the proviso that the coastal State shall have the right, if it so desires, to participate or to be represented in the research, and that in any event the results shall be published.

ARTICLE 6

1. Where the same continental shelf is adjacent to the territories of two or more States whose coasts are opposite each other, the boundary of the continental shelf appertaining to such States shall be determined by agreement between them. In the absence of agreement, and unless another boundary line is justified by special circumstances, the boundary is the median line, every point of which is equidistant from the nearest points of the baselines from which the breadth of the territorial sea of each State is measured.

2. Where the same continental shelf is adjacent to the territories of two adjacent States, the boundary of the continental shelf shall be determined by agreement between them. In the absence of agreement, and unless another boundary line is justified by special circumstances, the boundary shall be determined by application of the principle of equidistance from the nearest points of the baselines from which the breadth of the territorial sea of each State is measured.

3. In delimiting the boundaries of the continental shelf, any lines which are drawn in accordance with the principles set out in paragraphs 1 and 2 of this article should be defined with reference to charts and geographical features as they exist at a particular date, and reference should be made to fixed permanent identifiable points on the land.

ARTICLE 7

The provisions of these articles shall not prejudice the right of the coastal State to exploit the subsoil by means of tunnelling irrespective of the depth of water above the subsoil.

ARTICLE 8

This Convention shall, until 31 October 1958, be open for signature by all States Members of the United Nations or of any of the specialized agencies, and by any other State invited by the General Assembly of the United Nations to become a Party to the Convention.

ARTICLE 9

This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

ARTICLE 10

This Convention shall be open for accession by any States belonging to any of the categories mentioned in article 8. The instruments of accession shall be deposited with the Secretary-General of the United Nations.

ARTICLE 11

1. This Convention shall come into force on the thirtieth day following the date of deposit of the twentysecond instrument of ratification or accession with the Secretary-General of the United Nations.

2. For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.

ARTICLE 12

1. At the time of signature, ratification or accession, any State may make reservations to articles of the Convention other than to articles 1 to 3 inclusive.

2. Any Contracting State making a reservation in accordance with the preceding paragraph may at any time withdraw the reservation by a communication to that effect addressed to the Secretary-General of the United Nations.

ARTICLE 13

1. After the expiration of a period of five years from the date on which this Convention shall enter into force, a request for the revision of this Convention may be made at any time by any Contracting Party by means of a notification in writing addressed to the SecretaryGeneral of the United Nations.

2. The General Assembly of the United Nations shall decide upon the steps, if any, to be taken in respect of such request.

ARTICLE 14

The Secretary-General of the United Nations shall inform all States Members of the United Nations and the other States referred to in article 8:

(a) Of signatures to this Convention and of the deposit of instruments of ratification or accession, in accordance with articles 8, 9 and 10;

(b) of the date on which this Convention will come into force, in accordance with article 11;

(c) Of requests for revision in accordance with article 13;

(d) of reservations to this Convention, in accordance with article 12.

ARTICLE 15

The original of this Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States referred to in article 8.

SEPTEMBER-OCTOBER-NOVEMBER 1967