Изображения страниц
PDF
EPUB
[ocr errors]
[ocr errors]

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 workIn thing 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 113 favorable rules which can provide an adequate elter basis for necessary legal adaptations to meet the

problems stemming from foreseeable scientific hvil activities. If municipal legal systems required se 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 mot forth with equally astonishing legal innovations. End The very measure of the law is its capacity to to deal, at least temporarily, with unanticipated the situations without major legislative innovations.

The challenge of oceanography is to keep legal

obstacles to a minimum while at the same time e 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 he content 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

[ocr errors]

th

[ocr errors]

Intere

[ocr errors]
[ocr errors][merged small]

98. Ibid.
99. 89th Annual Meeting, House of Delegates, Second Session, August

9, 1966, 91 Reports of the American Bar Association 366 (1966).

[ocr errors][ocr errors][ocr errors]
[ocr errors]

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 affect in any way the status of the waters of the Golf

of Paria or any rights of passage or navigation on the

APPENDIX A

UNITED KINGDOM-VENEZUELA
TREATY RELATING TO THE SUBMARINE AREAS OF THE GULF OF PARIA

26 FEBRUARY 1942 His Majesty The King of Great Britain, Ireland and limit of the territorial waters of Venezuela at the point the British Dominions beyond the Seas, Emperor of of their intersection with the meridian of 62°05'08" W., India, and the President of the United States of the approximate latitude of which is 10°02'24" N. Venezuela.

Line B-Y runs from point B, already established, and Desiring in a spirit of goodwill to make provision for follows the limits of the territorial waters of Venezuela and to define as between themselves their respective to point Y, where the said limits intersect the parallel interests in the submarine areas of the Gulf of Paria, of 9°57'30" N., the approximate longitude of which is

Have decided to conclude a treaty for that purpose and, 61°56'40" W. to that end, have named as their Plenipotentiaries:

Line Y-X runs from point Y, already established, and Who, having communicated to each other their full follows the said parallel of 9°57'30" N. to point X, powers, found in good and due form, have agreed as situated on the meridian of 61°30'00" W. follows:

The longitude of the central meridian of the island of Article 1. In this treaty the term "submarine areas Patos to which this article refers shall be determined by of the Gulf of Paria" denotes the sea-bed and sub-soil taking the mathematical half of the most eastern and outside of the territorial waters of the High Contracting the most western longitudes of the said island. Parties to one or the other side of the lines A-B, B-Y Should the straight lines A-B or Y-X described in and Y-X.

this article intersect in their course the outside limit of Article 2. (1) His Majesty The King declares that the territorial waters of either of the two high contracthe for his part will not assert any claim to sovereignty ing parties, the dividing line shall follow along the said or control over those parts of the submarine areas of limit until it reaches again the intersecting straight line the Gulf of Paria which lie westerly of the line A-B, or in conformity with the stipulations in articles 1 and 6 southerly of the lines B-Y and Y-X respectively de of this treaty, which exclude the bed of the sea and the scribed in article 3 of the present treaty, and that he sub-soil of territorial waters. will recognize any rights of sovereignty or control which The co-ordinates of points A, B and Y which are here have been or may hereafter be lawfully acquired by the given approximately shall be determined with exactness United States of Venezuela over the said parts of the by the Commission provided for in article 4 of this submarine areas of the Gulf of Paria.

treaty. (2) The President of the United States of Venezuela Article 4. (1) The high contracting parties shall, as declares that he for his part will not assert any claim to soon as practicable after the coming into force of this sovereignty or control over those parts of the subma treaty, appoint a mixed Commission to take all necessary rine areas of the Gulf of Paria which lie easterly of the steps to demarcate the lines A-B, B-Y and Y-X b5 line A-B or northerly of the lines B-Y and Y-X respec

means of buoys or other visible methods on the surface tively, described in article 3 of the present treaty, and of the sea or on the land as the case may be. Any buoys that he will recognize any rights of sovereignty or con

or other means employed shall, however, conform in trol which have been or may hereafter be lawfully

all respects to the provisions of article 6 of this treaty

. acquired by His Majesty The King over the said parts of

(2) The manner in which this mixed Commission the submarine areas of the Gulf of Paria.

shall be constituted and the instructions to which it Article 3. The lines A-B, B-Y and Y-X mentioned in

shall be subject for the fulfillment of its duties shall the preceding article are drawn on the annexed map*

be laid down in a special protocol or by an exchange of and are defined as follows:

notes. 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

or rocks above the surface of the sea together with the 10°35'04" N., longitude 61°51'53" W. From there the

territorial waters thereof. line runs straight to point B which is situated at the

Article 6. Nothing in this treaty shall be held • Not reproduced.

[ocr errors]
[ocr errors][merged small]

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.

[ocr errors]
[merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small]
[ocr errors]
[ocr errors]

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.

[ocr errors]
[ocr errors][ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

every counts

2

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.), Uniss

APPENDIX C
CONVENTION ON THE CONTINENTAL SHELF

29 APRIL 1958 The States Parties to this Convention

ARTICLE W Have agreed as follows *

Subject to its right to take reasonable measures for the exploration of the continental shelf and the exploita

tion of its natural resources, the coastal State may not ARTICLE 1

impede the laying or maintenance of submarine cables

or pipe lines on the continental shelf. For the purpose of these articles, the term “continental shelf” is used as referring (a) to the seabed and

ARTICLE 5 subsoil of the submarine areas adjacent to the coast but outside the area of the territorial sea, to a depth of 200

1. The exploration of the continental shelf and the metres or, beyond that limit, to where the depth of the

exploitation of its natural resources must not result in superjacent waters admits of the exploitation of the any unjustifiable interference with navigation, fishing natural resources of the said areas; (b) to the seabed or the conservation of the living resources of the sea, and subsoil of similar submarine areas adjacent to the

nor result in any interference with fundamental oceancoasts of islands.

ographic or other scientific research carried out with

the intention of open publication. ARTICLE 2

2. Subject to the provisions of paragraphs 1 and 6

of this article, the coastal State is entitled to construct 1. The coastal State exercises over the continental shelf sovereign rights for the purpose of exploring it

and maintain or operate on the continental shelf

installations and other devices necessary for its exploraand exploiting its natural resources.

tion and the exploitation of its natural resources, and 2. The rights referred to in paragraph 1 of this article

to establish safety zones around such installations and are exclusive in the sense that if the coastal State does

devices and to take in those zones measures necessary not explore the continental shelf or exploit its natural

for their protection. resources, no one may undertake these activities, or

3. The safety zones referred to in paragraph 2 of make a claim to the continental shelf, without the

this article may extend to a distance of 500 metres express consent of the coastal State.

around the installations and other devices which have 3. The rights of the coastal State over the continental

been erected, measured from each point of their outer shelf do not depend on occupation, effective or notional,

edge. Ships of all nationalities must respect these safety or on any express proclamation.

4. The natural resources referred to in these articles 4. Such installations and devices, though under the consist of the mineral and other non-living resources jurisdiction of the coastal State, do not possess the of the seabed and subsoil together with living orga status of islands. They have no territorial sea of their nisms belonging to sedentary species, that is to say,

own, and their presence does not affect the delimitation organisms which, at the harvestable stage, either are of the territorial sea of the coastal State. immobile on or under the seabed or are unable to move

5. Due notice must be given of the construction of except in constant physical contact with the seabed or any such installations, and permanent means for giving the subsoil.

warning of their presence must be maintained. Ang

installations which are abandoned or disused must be ARTICLE 3

entirely removed. The rights of the coastal State over the continental

6. Neither the installations or devices, nor the safety shelf do not affect the legal status of the superjacent

zones around them, may be established where interwaters as high seas, or that of the airspace above those

ference may be caused to the use of recognized sea lanes waters.

essential to international navigation.

contin

anoth

[ocr errors]
[ocr errors]

thell

reier poin

zones,

[merged small][ocr errors][ocr errors]

•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

of Soviet Socialist

Republics, United Kingdom, United States, West zuela, and Yugoslavia.

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.

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 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 6

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.

[ocr errors]

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 Agro territories of two adjacent ces, 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 fysis 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 geograph

ical features as they exist at a particular date, and in the reference should be made to fixed permanent identifiable

points on the land.

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.

[ocr errors]

ARTICLE 14

[blocks in formation]

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;

(6) 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.

[merged small][merged small][ocr errors]

ARTICLE 15

ARTICLE 9

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

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.

51

SEPTEMBER-OCTOBER-NOVEMBER 1967

« ПредыдущаяПродолжить »