"The dim, dark sea that divides and yet unites mankind." -HENRY W. LONGFELLOW Chapter III EXPANDING INTERNATIONAL The oceans are inherently international; they define the coastlines of more than 100 nations. Moreover, new ocean technologies are projecting national interests seaward as more countries become able to conduct maritime and naval activities farther from their coasts, exploit previously inaccessible ocean resources, and expand ocean exploration activities into distant seas and to deeper reaches of the seabed. As marine interests and operations of the nations of the world intensify and converge and competition for resources increases, international cooperation becomes essential to prevent and mitigate conflicts and rivalries and to foster world order and international economic development.1 Motivation for cooperative endeavors also lies in the need for more and better information about the sea. Many nations share experience and capabilities in marine science and technology. The United States-and all nations can derive maximum benefit from this collective capability if nations share the responsibilities and the results of expanding ocean research. 'The increasing worldwide interest in marine sciences is reflected in the following five Council publications: "Marine Science Activities of the Nations of Africa," "Marine Science Activities of the Nations of East Asia," "Marine Science Activities of Canada and the Nations of Europe," "Marine Science Activities of the Nations of Latin America," "Marine Science Activities of the Nations of the Near East and South Asia." These and other Council publications are listed in Table XV-2 together with information concerning their availability. Indeed, both because of the international character of scientific study of the seas and the common property aspect of deep ocean resources, a multinational approach to the peaceful uses of the seas is not only desirable but necessary. In recognition of this need, the Marine Sciences Act gives special emphasis to international cooperation, including recognition of a leadership role of the United States. Accordingly, the United States has sought to widen understanding of its plans to expand its activities under the Marine Sciences Act to encourage other nations to determine how the oceans could contribute to their development, and to promote collaborative endeavors by: -encouraging increased cooperation among ocean scientists of all nations and broadened dissemination of scientific results; -collaborating with other nations in developing and using new marine technologies within a framework of mutual benefit; -strengthening the capabilities of the developing nations to use the oceans and their resources as pathways to economic progress, recognizing that assistance must be shared by other nations and international organizations; -supporting activities of the many bodies of the United Nations system -pursuing a strengthened code of international law which will pre- 3 As international policy objectives, Section 2 of the Act states: "The preservation of the role of the United States as a leader in marine science and resource development." Also, “. . . The cooperation by the United States with other nations . . . in marine science activities when such cooperation is in the national interest." Section 6 of the Act states: "The Council, under the foreign policy guidance of the President and as he may request, shall coordinate a program of international cooperation in work done pursuant to this Act, pursuant to agreements made by the President with the advice and consent of the Senate." The following Council contract reports discuss many of the international law considerations: "Law for the Sea's Mineral Resources", "Fishery Policy and International Law", "International Legal Problems of Scientific Research in the Ocean". These and other reports prepared by contractors for the Council are listed in Table XV-3 together with information concerning their availability. -encouraging mutual restraint among nations so that the oceans do not become the basis for military conflicts; -considering questions of arms limitations on the seabed and ocean floor; and -taking steps to reduce pollution and other activities which could adversely affect the ecological balance of the seas. This policy framework reflects the distinctive contributions that ocean activities make to certain foreign policy goals: enhancing the prospects for a stable and lasting peace, curbing the growing economic gap between the developed and developing nations, strengthening regional cohesiveness in many areas of the world, and providing new sources of critically needed protein for an expanding world population. Steps taken internationally to advance these policies have included visits by senior U.S. officials abroad, conferences with foreign visitors, and support of numerous international activities. Developing a Legal Regime for the Seabed The most potentially far reaching international issues considered by the Marine Sciences Council during the past year were the International Decade of Ocean Exploration, described in detail in Chapter IX, and the legal status of the seabed of the deep ocean. Following the introduction of a proposal by Malta in the fall of 1967, the U.N. General Assembly undertook an "Examination of the question of the reservation exclusively for peaceful purposes of the seabed and the ocean floor, and the subsoil thereof, underlying the high seas beyond the limits of present national jurisdiction, and the use of their resources in the interests of mankind." The United States actively participated in the debate.* On December 18, 1967, the General Assembly established an Ad Hoc Committee of 35 members to prepare a study on the peaceful use of the deep ocean floor, including: -a survey of past and present -a survey of existing international agreements concerning the seabeds; * The position taken by the United States followed the course set by President Johnson in July 1966 when he said: "Under no circumstances, we believe, must we ever allow the prospects of rich harvest and mineral wealth to create a new form of colonial competition among the maritime nations. 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." 329-466 0—69- -5 -an account of the scientific, technical, economic, legal, and other aspects of the deep ocean floor; and -an indication regarding the practical means to promote international cooperation in the exploration, conservation, and use of the deep ocean floor. The Ad Hoc Committee met three times during 1968, and considered background papers prepared for the Committee by the U.N. Secretariat, the Intergovernmental Oceanographic Commission (IOC), and other U.N. specialized agencies. Its final report illuminated many of the emerging conflicts of interest and reflected a heightened awareness of the technical and legal problems associated with exploiting the deep ocean floor. Expectations of early and large returns from resources of the deep seabed became tempered with realism. During the fall of 1968, the General Assembly reviewed the Committee's report, and after extensive debate in the Political Committee of the General Assembly three Resolutions cosponsored by the United States were adopted. The Resolutions: -establish a 42-member Standing Committee on the Peaceful Uses of the Seabed and the Ocean Floor Beyond the Limits of National Jurisdiction, which will expand the studies carried out earlier by the Ad Hoc Committee; -urge measures to prevent pollution of the oceans; and -support the U.S. proposal for an International Decade of Ocean Exploration within the framework of a comprehensive long-term program of scientific investigation and call on the IOC to play a leading role in coordinating the program. The General Assembly also adopted a fourth Resolution which requested the Secretary General to study the question of establishing international machinery to promote exploration and exploitation of seabed resources and their use; the United States considered this proposal premature and therefore abstained.5 During the deliberations of the General Assembly and the Ad Hoc Committee, the United States submitted a number of additional proposals, including (a) a draft Resolution containing a declaration of principles on the use of the deep ocean floor; (b) a draft Resolution referring to the Eighteen Nation Disarmament Committee the question of arms limitations on the seabed and ocean floor with a view to defining those factors vital to a workable, verifiable, and effective international agreement which would prevent the use of this new environment for the emplacement of weapons of mass destruction; and (c) a suggestion to establish international marine preserves, i.e., major types of unmodified ocean habitats such as a deep These four Resolutions and the 1967 Resolution establishing the Ad Hoc Committee are included in Appendix C-1. trench, an atoll, or a group of table mounts, to serve as ecological baselines and as areas for scientific research. The United States also supported a less extensive declaration of principles submitted by a number of delegations." In setting forth our position, the United States called for action looking toward international agreement that there is, and will remain, an area of the seabed and deep ocean floor beyond national jurisdiction. Taking into account the Geneva Convention of 1958 on the Continental Shelf, there should be established, as soon as practicable, an internationally agreed precise boundary delineating the area beyond national jurisdiction. Exploitation and use of the natural resources of the seabed and ocean floor prior to the establishment of a boundary should not prejudice the location of that boundary. With regard to the regime for the area beyond national jurisdiction, the United States also took the position that no State should claim or exercise sovereignty or sovereign rights over any part of the area, and the area should not be subject to national appropriation by claims of sovereignty, by use or occupation, or by any other means. There should be no discrimination in the availability of the area for exploration, scientific research, and use by all States and their nationals. The U.S. position also asserts that internationally agreed arrangements governing the exploitation of resources of the area should be established as soon as practicable. Such arrangements should include provision for the orderly development of resources; conditions conducive to making of investments; preserving the integrity of investments in the area made prior to agreement on such arrangements; the dedication as feasible and practicable of a portion of the value of the resources recovered from the deep ocean floor to world and regional community purposes; and accommodation among the commercial and other uses of the deep ocean floor and marine environment. Finally, the United States expressed the view that the seabed and deep ocean floor beyond national jurisdiction should be used exclusively for peaceful purposes in accordance with the U.N. Charter. Since this does not preclude military activities generally, specific limitations on designated military activities will require the negotiation of a detailed arms control agreement. Military activities not precluded by such an agreement would continue to be conducted in accordance with freedom of the seas and exclusively for peaceful purposes. The development of these principles and further evolution of policy regarding jurisdiction over the deep seabed involve a number of considerations of national interest-security, economic growth, incentive for private investment, balance of payments, scientific research, aid to developing nations, and others. These diverse interests find their advocacy in different departments The draft Resolutions and the less extensive declaration of principles are included in Appendix C-2. |