353. Letter From the Under Secretary of State for Political Affairs
(Johnson) to
Members of the Committee on International Policy in
the Marine Environment1
2
Washington, August 11, 1969.
FOR MEMBERS OF THE COMMITTEE:
There is attached for your records a copy of a Draft Resolution on seabed
principles which our Delegation to the UN
Seabeds Committee has been authorized to use in discussions with other
delegations and to draw upon and/or table in the UN Seabeds Committee at a time deemed by our Delegation to
be most advantageous, and a copy of an Executive Branch Understanding on
Boundary Principle, i.e., paragraph 3.a. of the Draft Resolution.
Agreement on the Executive Branch Understanding was arrived at by
discussions between the Department of State and the Departments of
Defense, Interior and Commerce following discussions earlier this year
in CIPME meetings.
U. Alexis Johnson
Chairman
Attachment 1
August 9,
1969
[Page 2]
DRAFT RESOLUTION INCLUDING LEGAL PRINCIPLES ON
THE SEABED
The General Assembly:
- 1.
- Declares that there is an area of the seabed and ocean
floor and the subsoil thereof, underlying the high seas,
which is beyond the limits of national jurisdiction
(hereinafter referred to as “this area”);
- 2.
- Declares further that in the exploration and use of this
area states should be guided by the following principles:
- a.
- Exploration and use of this area shall be carried
on for the benefit of mankind as a whole,
irrespective of the geographical location of states,
taking into account the special needs of the
developing countries;
- b.
- This area shall be free for exploration and use by
all states on a basis of equality and in accordance
with international law;
- c.
- No part of this area shall be subject to national
appropriation by claim of sovereignty, by means of
use or occupation, or by any other means;
- d.
- This area shall be reserved exclusively for
peaceful purposes; and
- e.
- Activities in this area shall:
- (i)
- be conducted in accordance with
international law, including the Charter of the
United Nations, and in the interest of maintaining
international peace and security and promoting
international cooperation, scientific knowledge,
and economic development; and
- (ii)
- avoid unjustifiable interference with the
exercise of the freedoms of the high seas by other
states and their nationals, or with the
conservation of the living resources of the seas,
or any interference with fundamental scientific
research carried out with the intention of open
publication.
- 3.
- Recommends to the Seabeds Committee for guidance with
respect to the delineation of this area:
- a.
- There should be established, as soon as
practicable, and taking into account relevant
international law, an internationally agreed precise
boundary for this area; and
- b.
- Exploitation or other use of any portion of the
seabed and the ocean floor prior to establishment of
the boundary shall not prejudice its eventual
location.
- 4.
- Further recommends to the Seabed Committee for guidance
concerning a legal regime for this area:
- a.
- There should be established, as soon as
practicable, an internationally agreed regime
governing exploitation of this area;
- b.
- The regime should provide due protection for the
integrity of investments in exploitation of this
area undertaken prior to establishment of its
boundary;
- c.
- The regime should include provisions for:
- (i)
- the orderly development of resources in a
manner reflecting the interest of the
international community in the development of
these resources;
- (ii)
- conditions conducive to the making of
investments necessary for the exploration and
exploitation of this area;
- (iii)
- dedication as feasible and practicable of a
portion of the value of the resources recovered
from this area to international community
purposes; and
- (iv)
- accommodation among commercial and other
uses of the deep ocean floor and marine
environment.
[Page 4]
Attachment 2
Executive Branch Understanding on Boundary
Principle
“3.a. There should be established, as soon as practicable, and
taking into account relevant international law, an
internationally agreed precise boundary for this area;”
The following numbered paragraphs reflect the understanding of the
signatory agencies as to the intent and purpose of the above
boundary principle. These understandings will not be released
outside the Executive Branch, but may be utilized as a framework or
as guidelines within which future U.S. positions could be developed
if such becomes necessary or appropriate. The exposition and
explanation of these Principles to members of the UN Seabeds Committee, Congressional
committees, etc., will be consistent with these understandings.
- (1)
- The Principle does call for the definition of a precise
boundary;
- (2)
- The Principle is intended to support the U.S. objective of
maintaining the full range of options with respect to the
location of the boundary and the process by which the location
will be defined. With respect to location these options are
understood to include coastal state jurisdiction over seabed
resources in a wide zone extending perhaps as far as the
landward portion of the continental rise, or to a fixed
distance; a narrow zone extending to a 200 meter isobath or
perhaps slightly beyond, or to a fixed distance; or to a narrow
zone combined with a transitional zone. With respect to the
process by which the boundary would be defined these options are
understood to include (1) a formal international agreement such
as a protocol or [Page 5]
amendment to the Convention on the Continental Shelf or a new
Treaty; or (2) interpretation, such as might be achieved by
parallel uniform ex parte declarations by the coastal states
parties to the Continental Shelf Convention and such additional
states as care to join them; or (3) such other options as may
subsequently be agreed to by the Executive Branch.
It is further understood that the adoption by the General Assembly of
this Principle would be without prejudice to the location of the
limit of national jurisdiction, the validity of past claims or the
rights of states to assert boundaries for their continental shelves
under international law if the efforts to achieve a precise boundary
by acceptable international agreement prove unsuccessful within a
reasonable period of time.
During the time a precise definition of a boundary is being sought
under this Principle the United States, while not wishing to inhibit
further exploration and exploitation of the natural resources of the
seabed, will neither recognize nor accept as binding upon itself or
its nationals assertions of national jurisdiction to the seabeds
which appear prejudicial to maintaining the full range of options
referred to above. The United States will appropriately so notify
countries making such assertions.
