Worldwide Report: Law of the Sea No. 196

JPRS 80774

11 May 1982

Worldwide Report

LAW OF THE SEA
No. 196

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JPRS 80774

ll May 1982
WORLDWIDE REPORT
LAW OF THE SEA
No. 196
CONTENTS
WORLDWIDE AFFAIRS
"KYODO': No Progress in Salmon Talks With USSR
(KYODO, 20 Apr 82) ......ccce cece cc ccccccccccceececeeees 1
Agreement Reached With USSR on Salmon Quota
Crue, Se BOE GE) 0 0055650006006 5 0006000060806 680 00 0ee8 2
Briefs
USSR Captures Japanese Boats 3
ASIA
INTER-ASIAN AFFAIRS
DPRK Official Discusses Fishery Accord
CHK, 18 Ame GR) ccccvsocsecceseserectessccectecsecécsee 4
AUSTRALIA
Briefs
Abalone Fishing Ban 5
Bass Strait Drilling 5
NT Offshore Activity 6
Offshore Tasmania Plans 6
BANGLADESH

Bangladesh Delegate Speaks at Law-of-the-Sea Talks
(THE BANGLADESH OBSERVER, 3 Apr 82) ......cccecececceces

-a- [III - WW - 136]

INDIA
Minister Speaks at Law of the Sea Conference
(THE TIMES OF INDIA, 2 Apr 82) ......ccccccccccccccceeens 8
Briefs
Offshore Drilling Contracts 9

JAPAN
MSA Announces DPRK Release of Fishing Boats
Cre, 2 OO GE) 65466055 4.0400405045065550004600000408045 10
LATIN AMERICA
INTER-AMERICAN AFFAIRS
Antigua-Barbuda, Guadeloupe Agree To Cooperate on Fishing
(ADVOCATE-NEWS, 30 Mar 82) .. i. icccccccccccccccccececsess 11
SUB-SAHARAN AFRICA

GUINEA-BISSAU

Briefs
French, ROK Fishing Boats Seized 12
KENYA
No Fishing Contracts To Be Given to Foreign Trawlers
(THE STANDARD, 8 Apr 82) .....cccccccccvcccsscceseseseses 13
USSR
Supreme Soviet Issues Decree on Law of the Sea
CTARE, £0 ORE Ge 6640 ke cs cbencensnednsdeeesecdetscansias 14
U.S. Demanding Revision of LOS Convention
ee A FO 2 evereere rere errr ere ere r Te reererrrrer Tre 18
Soltan Commentary on Law of Sea Conference
(Moscow World Service, 19 Apr 82) ......ccccecccccevcvevces 19
USSR Compelled To Defend Sea Resource Interests
(I. Sivtsev; SOTSIALISTICHESKAYA INDUSTRIYA, 18 Apr 82) . 20
WEST ZUROPE
TURKFY

Columnist Criticizes Law of Sea Convention
(Mehmet Ali Birand; MILLIYET, 23 Apr 82) .......cceeeeees 22

-b-

WORLDWIDE AFFAIRS

*KYODO': NO PROGRESS IN SALMON TALKS WITH USSR

OW200027 Tokyo KYODO in English 0006 GMT 20 Apr &2

[Text] Moscow, April 19, KYODO -- No progress was made in Russo-Japanese negotiations here

Monday on Japan's salmon catch quota this year in the northwest Pacific waters and on other
problems, Japanese officials said.

At the meeting, Akira Matsuura, head of the Japanese Fishery Agency, and Soviet First
Vice Fishery Minister Nikolay Kudryavtsev reiterated their proposals made last week.

The Soviet Union proposed on Apri] 14 that Japan's catch quota in 1982 be held down to
37,000 tons, or 5,500 tons less than the 42,500 tons agreed on last year, while

Japan
sought a quota of 45,000 tons.

Matsuura arrived in Moscow last Saturday in an effort to break the impasse in negotiations
in time for the start of fishery operaticns on May 1.

japanese and Soviet negotiators were scheduled to meet on Tuesday to discuss such problems
as joint surveillance of Japanese salmon fishing operations.

cso: 5200/2071

WORLDWIDE AFFAIRS

AGREEMENT REACHED WITH USSR ON SALMON QUOTA

OW221113 Tokyo KYODO in English 1106 GMT 22 Apr 82

[Text] Moscow, April 22, KYODO -- Japanese-Soviet negotiations to fix 1982 catch quotas
for salmon caught in the northwestern Pacific concluded Thursday in Moscow after the two
parties agreed to keep Japan's quota at 42,500 tons, the same as that in 1981. The two
parties also agreed that Japan should agein pay yen 4 billion as fees, also the same as in
1981.

During the negotiations, the Japanese side accepted a Sovict proposal on joint surveillance
of the fishing operations which would involve the presence of Soviet observers on Japanese
patro’ ships. The joint surveillance is intended as a precautionary measure to prevent
Japanese fishing boats from violating the rules and restrictions imposed on their salmon
fishing operations in the northwestern Pacific waters. It will be the first time that
such steps have been implemented.

cSO: 5200/7071

WORLDWIDE AFFAIRS

BRIEFS

USSR CAPTURES JAPANESE BOATS--Saproro, April 17 (KYODO)--Two Japanese
fishing boats appear to have been captured by Soviet patrol boats in the
western Bering Sea, east off Karaginsky Island near the Kamchatka Penin-
sula, the Maritime Safety Agency said Saturday. The two boats were
identified as the 349-ton No 81 Yoshi Maru with 25 crew and the 349--ton
Fukui Maru carrying 23 crew. They sent emergency signals to the MSA
headquarters in Otaru saying they were being inspected by a Soviet warsliip
acound 4:30 a.m. Friday. No further communication was received, however.
The two fishing boats left Kushiro port early April to fish in waters off
Kamciiatka Peninsula until early May. Six fishing boats, with some 100
crew in total have been captured by Soviet patrol boats so far this year.
[Text] [O0W170602 Tokyo KYODO in English 0551 GMT 1 Apr 82]

CSO: 5200/2071

INTER-ASIAN AFFAIRS

DPRK OFFICIAL DISCUSSES FISHERY ACCORD

OW182353 Tokyo NHK Television Network in Japanese 1430 GMT 18 Apr 82

t A rdi t rrespondent Yok waiin Pyongyang, Hvon Chun-kuk, ceputy director
the Korean bkorker irty International Department, met with Japanese journalists in
Z me thi ifter
the meeting, he said that it is up to Japan wrether the Japan-DPRK fishery agreement,
which is to expire in June, is renewed or not. The fishery agreement is a private-level
: rd which is renewable every i years. The current accord is set to expire this coming
\t today’s meeting, Deputy Director Hyon said: Last vear the Japanese side proposed that
the fishery talks be méucted in kyo; however, the Japanese authorities have thus far
refused t¢t rllow it delegation entry into Japan. The DPRK has nothing to lose if the
: r is not renewed. The renewal of the accord is up to Japan.

CSO: %$200/2071

AUSTRALIA

BRIEFS

ABALONE FISHING BAN--Vietname,e amateur fishermen have been blamed for an
indefinite ban on abalone catches along Perth's beaches. The move comes
after mounting complaints by professional and other amateur fishermen that
Vietnamese families living in Perth are fishing out nearby reefs and
threatening reef ecologies. The ban does not cover professional fishing of
abalone. The zone affected extends from 60km south of Perth to the mouth of
the Moore River, The Vietnamese have been descending on the reefs in
constantly increasing numbers, often in large family groups. Some have been
taking more than the limit of 36 abalone a person a day. A fortnight ago,
several professional fishermen mde a citizen's arrest of some of the am-
teurs and called in government inspectors to check the size of the catches.
Announcing the ban, the Government said: "The decision followed an increased
level of fishing plus evidence that groups of people had been found with
catches of abalone fat in excess of the legal limit of 36 per person.”

The Premier, M> O'Connor, has called for a study of the threat to the reefs.
He said: “Already a number of prosecutions are proceeding because of
breaches of current regulations and persons found contravening the new ban
wt be prosecuted.” "Trexe} (Canberra THE AUSTRALIAK in English 10 Mar 82
p 2

BASS STRAIT DRILLING--The new $240 million search for oil in Bass Strait
will swing into the drilling phase in early May. First off the mrk will
be the consortium headed by Shell, which plans to drill an exploration well
in the northern part of the permit it won in last year's licensing round.
Shell's group won the deep-water area, V80-3, while consortia headed by
Australian Aquitaine and Phillips won the other two are** relinquished by
Esso-BHP. ine semi-submersible rig, Diamond M Epoch, will drill the Shell
group's first well into a fault trap lying on the basin side of the Rosedale
fault system, It will prove more costly than the $5 million to $10 million
cost typical of Bass Strait wells because the water is so deep--120m,. The
well'’s target depth is 2000m, and Shell has maintained, in a fashion, the
fishy flavor adopted by the Esso-BHP partne,ship in naming the well, But
unlike Exsso-BHP, which gave its wells and fields names such as Brean,
Fleunder, Tuna and the like, the first well by the Shell group will be
cailed Haumerhead. It is thought likely the group will name later wells
after other varieties of shark, [Text] (Canberra THF AUSTRALIAN in English
ll Mar 82 p 13)

NT OFFSHORE ACTIVITY--Melbourne--The offshore Northern Territory exploration
well, Vulcan No. 1, located in licence area NI/P2, was spudded on March 8,
Weeks Australia Ltd reported yesterday. Total planned depth is 4000m ‘na
water depth of 110m. The well's target is a structural close adjacent to a
large graben or trough running northeast to southwest through the permit
area. “Oil prone source rock exists in the Kimmeridgian-Oxfordian (Jurassic)
shales which are at least 1200m thick in portions of the Vulcan Graben,”
Weeks said, “The well is on the opposite side of the major fault system to
the Swan structure where gas and condensate reservoirs of upper cretaceous
age and jurassic oil prone source rocks were penetrated," Weeks has a 23.75
percent interest in this area of the licence, Western Australia Onshore Oil
NL reported yesterday that the Yardie East No. 1 well in the Carnarvon Basin
has drilled 3829m of its planned deviation driil of 5650m and is drilling
ahead, The well is being drilled as a deviated hole from a shoreline surface
location and has a planned vertical depth of 4,200m,. It is being drilled
under a farmin agreement with the permit holder, WAPET. [Text] (Brisbane
THE COURIER-MAIL in English 11 Mar 82 p 29]

OFFSHORE TASMANIA PLIANS--Australian Consolidated Industries has continued
its big push into resources by taking its first direct interest in petroleum
exploration, ACI chairman Sir Andrew Grimwade said yesterday the company
had taken a 25 percent interest in an exploration project off the western
Tasmanian coast where the operator is the US-controlled Amco group. ACI's
farm-in will mark the first Australian in the venture which involves two
ireas, permit T/12P and offshore licence 5/75. Amoco will be left with a
50 percent interest in the areas with remaining 25 percent split between a
subsidiary of the Fluor group and Anschutz Overseas Corp. ACI signalled
its desire to get into petroleum exploration some months ago when it unsuc-
cessfully tendered for a keenly-sought Bass Strait lease, The company has
a stated policy of placing 25 percent of its assets in resources during the
1980s, Until now, its resource activity has been restricted to participa-
tion in three big Queensland coal projects--the Curragh coal area (a 30 per-
cent interest), German Creek (13 percent), and a stake in the Blair Athol
development. Drilling is scheduled to begin un the Tasmanian areas in the
second half of this year and the first well will be located about 15km
northwest of Cape Sorrel. Sir Andrew said ACI's share of drilling costs
would be financed out of ACI's existing loan facilities and shareholders
would not be called on for further funds for the venture. /‘vext]

[Canberra THE WEEKEND AUSTRALIAN in English 13-14 Mar 82 p 20]

CSO: 5200/7531

BANGLADESH DELEGATE SPEAKS AT LAW-OF-THE-SEA TALKS

Dacca THE BANGLADESH OBSERVER in English 3 Apr 82 pp 1, 12

[Text }

all had to be protceted and
stressed) that no unilateral
¢.\porziion or

co.ld ¢.ef acquire t siamp
of )begitemacy.

Thangladesh suggested that
the goal could be achieved
ty bridging the gaps between
the United States and other
potential sea b.d users on the
ome hand acd the Group of
7? and others sharing its (the

(A €ain recognition ends re
fiection to ite claim te ~@ batlry

A: 5200/70%

os — - fv to its wri.
gcograph c
lovical realities of its ssentinn

He also called for adoption
of a clear cut in
Gclimiting the marntime boon.
dary and reaching acrermente
on the basis of cquitable solu.
tion «made mandatory bv the
current text.

He also reiterated Bangladcsh
demand for wniformity in the
principles governing drehmita.
tron & bringing the everiappine
jurisdiction im territorial waters
into conformity with article 74
end 4).

Pangladesh also suggested ¢t
tend:na the provisions covering
dlepute settlement sot only to
futere situations but siw te
pending cases of dlenutes

a

BANGLADESH

MINISTER SPEAKS AT LAW OF THE SEA CONFERENCE

Bombay THE TIMES OF INDIA in English 2 Apr 82 p 9

[Text] United Nations, April 1 (UNI).

INDIA

India has supported giving the western

consortia, or “pioneer investors,” an access to seabed resources, but has made it

clear that the privilege should not be theirs alone.

The law minister, Mr. Jagannath Kaushal, expressed broad agreement yesterday with
recognising “the contribution made by pioneer investors in promoting seabed min-
ing.” “This would assure the industrialised states of their access to the resources
of the area in an orderly and regulated manner without creating a monopoly”, he

said.

Tie howewr:. adweed the third
Linned Natonms conference on the law
of the sta againet closing the door te 6
posermie particrmaticn by developeng
cowntrees om the dwection,

The conference & at present debateng
a orapesal by @ working group to pro-
tt Porcer investors m seshed euple-
rattan before the cenvention enters
mite for ¢

Mtr. Kaevhol referred te the circula
trom. a few days apo. of « paper that
lLeved et comenta and the Sewset
Limon as the cuteves and state rtape.
tvely, encooed m scabed surveys, ond
need m this coment teat Ime -

hearme om toeum! oor need for memeral
rese@erces fer e cement, dev clopment

had ae 2 her @xmberrte thex & EP PPV PYRO
heritage of mankind - the rebhes of
the tu

The criine to the delegates how India
had threweh os research vessel befted
reo lyre! al! modeles from ~@ dep) of
<7) emetree trom the badien Ocean m@
jemeers. (OR). he todd the conference
that becee hed stready apemt severe!
milhes deliers m “he effort, hes des
the cost ef shore, ood thet further re
eanch ond servwey were ender wey.

NAMIBIAN COUNCIL

The frimecter Srenesed thet the “poe
trom ol develepene commends ehewld he

CSO: 5200/7035

" a Par wh the other prioweer m-
vesters, and wa made inferwor to
them.” and added that tha would pro-
mote the efiecewe ompicetion of the
@vention to cll states withowt drecr-
menatren, at the samme time svoiding the
ttiahinheet of @ monepely im the
hanck of atew nm@ustriaheed cowntrees

On nethonal | heraton -snovements,
Mr. Kaushal send he government sup-
ported thes mierests “both emotionally
and poirta ally and felt the UN,
councld for Namitha showld be @ perty
to the cwmrentiion

The couned was exteMivhed 16 years
ate « hen the C.onere! Awwembly Gabhed
the ram Sewth Afraon regeme there
tiers! end @evited to briny Negpibie
wander dre LW. oe i, a move yet
wo he wnplemenied

INDIA

BRIEFS

OFFSHORE DRILLING CONTRACTS--Tokyo, March 31. A $78 million contract for the con-
struction of three offshore oil exploration platforms in the Bombay High area has
been awarded by the Oil and Natural Gas Commission to a French-Japanese consortium.
According to reports here today ONGC has placed a letter of intent with the group
led by France's ETPM ending months of speculation over the selection of the suc-
cessful bidder. The Japanese parties of the consortium are Kawasaki Steel Corpora-
tion and Hitachi Shipbuilding and Engineering Company. The ETPM group was the
second lowest bidder in the initial bidding after McDermott Incorporated of the

U. S. However, in subsequent private negotiations ONGC is stated to have reacted
favourably to the delivery schedules proposed by the French-Japanese group. The
contract calls for the delivery of the platforms between February and April next
year. The lion's share of the contract go¢s to ETPM which will undertake the in-
Stallation of the three platforms. The group which is the world's third largest
marine construction company will also manufacture two of the three platform sub-
structures. [Text] [Madras THE HINDU in English 1 Apr 82 p 5]

CSQ: 5200/7034

JAPAN
MSA ANNOUNCES DPRK RELEASE OF FISHING BOATS
OW250441 Tokyo KYODO in English 0426 GMT 2% Apr 82
[Text] Fukuoka, April 25, KYODO -- Five Japanese fishing boats seized by North Korea

in waters off the Korean west coast Saturday were all released within hours, according
to the Maritime Safety Agency (MEA) officer here.

The five vessels of two fishing companies in this western Japanese city were captured
by North Korean warships while operating in the North Korean-proc)aimed exclusive fishing

zone.

North Korean authorities were quoted as saying they released the boats as a guesture to
mark celebrations of President Kim Il-song's 70th birthday.

CSO: 5200/2071

10

ANTIGUA-BARBUDA,

Bridgetown ADVOCATE-NEWS in English 30

[Text]

CSO:

5200/7530

GUADELOUPE

ST JOHN'S. —
Monday, (CANA) - he
Government of Antigua and

Barbuda and the authorities in
the French
islands G have
agreed in weekend here

included
Agriculture, Robin Yearwood
and the Minister o, State in the
awe? A Foreign Affairs.
Hugh rshall met with a
team from the French island
headed by the assistant to the
prefect of Guadeloupe for
external affairs, Mr. Max
Vincent

The Gua authorities
agreed to look into the
possibility of carrying ouf a
study of the problem of
poisonous algae which con-
taminate the Redonda
Fishing Bank off the coast of
Antigua and Barbuda

According to a communique
on the talks, the French island
also agreed to assist the
Antigua-Barbuda Fishing
Department in establishing

management systems for the

1]

INTER-AMERICAN AFFAIRS

AGREE TO COOPERATE ON FISHING

Mar 82 p 3

fishing industry, to give
technical assistance to
fishermen here and to invite

Barbuda noted that it
recently drawn up con-
servation measures for fishi
resources within its territoria
waters. As a result, fishermen
will be restricted from fishing
certain species from April 1,
1982

There will be restrictions on
Sclpw the ota of pound

one

or below the size of nine in-
ches

The fi of | bearing
female will be ab-
solutely prohibited,” the
communique said.

The government of Antigua
and Barbuda has to

open discussion with the
authorities of the French

G y
be allowed to fish within this
country's territorial waters.

GUINEA-BISSAU

BRIEFS

FRENCH, ROK FISHING BOATS SEIZED--Bissau, 21 Apr (AFP)-—-Two French and South
Korean fishing boats have been seized by Guinea-Bissau's navy for illegally
fishing in the territorial waters of that country, it was learned in Bissau
on Wednesday. The minister of justice indicated that the case of the two
beats--the “Captain Cook" and the “Han-sung No 5," which are accused of
violating Guinea-Bissau's national sovereignty and the international law

of the sea, will be submitted to the justice. The fish contents of the two
boats have already been seized and sold publicly in conformity with a pre-
vailing law in Guinea-Bissau. [Text] [AB211926 Paris AFP in French 1754 GMT
21 Apr 82]

CSO: 5200/5649

12

C

NO FISHING CONTRACTS TD BE GIVEN TO FOREIGN TRAWLERS

Nairobi THE STANDARD in English 8 Apr 82 p 5

(Text ]

c
~

O:

THE Minster for Tournsm and
Wildlife. Mr. Elijah Mwangalic. has
said that no fishing contracts would
be given to foreign trawlers. whom
he accused of soliciting for such
contracts to exploit Kenya's fish
resources

Mr Mwangaic. who toured the Fishenes
Department om Naot vesterday . lashed out
at forergn cxplornicrs for orpaneung a Mafia
type vwstem = among devclopang counties for
ciuplonation

said such aotonows activities had been

common withen Kenya's 20D mics terrmtonal
waters which comprned WED s wuare
kidemectres and the Crowerament was taking
<inmecet measures to cut out the cuplorters
Ik appealed to decrmen-makers te cmerc
they de not fail the country. Mr. Mwangaic
wed decwon-makers had an obhgation for
the country's wellare

the sand fishernes had a great potential us a
mayo forcegn exchange caract He Minit
had a heavy responsiblity of developing the
frsheng endustry to crsurc matimum produc.
thon to meet the high demand

He said be Minetry was ottamnng huge
suppert from force cowntnes te finance
Sarrous progects Phe Itahan eoworament fed
even Shs | 5 milhen tor fealty wedies
amed at cupendeng the tehene modecry

The Menmtrs «as tokeng appropriate mea-
sures to avend over fehene m venous areas
such a twkhe Nakere and Lake Narwasha
where vhost all the tah had hoon caught

9200/5650

13

The Meeeter sand Kenva’s total fish pro-
duchon m 19%! wa cstimated te be ahout
SS 10) toms whech carned morc than Shs. 100
mihon The efcatet produce arca was
Lake Vectors woth acarly 40.108) toms

Another may prodection arca was Lake
lurkana. where the Norwegian Agency for
Imernatronal Devclupment (NORAD)
ad of Sis 33 enllics tr extabdich o modem
factity for fish procewang

at
Work on the project was
underway

Mr. Mwangale also said fish
farming programmes were
underway throughout the

USSR

SUPREME SOVIET ISSUES DECREE ON LAW OF THE SEA

LD180642 Moscow TASS in English 0638 GMT 18 Apr 82

[Text] Moscow, 18 Apr, TASS -- Follows the full text of the decree of the Supreme Soviet

the USSR:

"On Temporary Measures for the Regulation of the Activities of Sovie* Enterprises in
the Prospecting for and the Development of the Mineral Resources of the Sea-Bed Beyond
the Limits of the Continental Shelf”

states have, without waiting for the conclusion of a new international
convention being drafted at the 3rd United Nations Conference on the Law of the Sea in
keeping with Resolution 2749 of the (25th) United Nations General Assembly, been adopting
wuts permitting their natural and legal persons to conduct the prospecting for and the
development of the mineral resources of the areas of the sea-bed beyond the limits of the

Lately a number ot

continental shelf.

Union comes out and will continue to come out for the settlement of urgent
problems of the legal regime of the world ocean on an international basis and for the con-
clusion for this purpose of a convention which would solve all the issues of the law of
wa, specifically the issues of the utilisation of the mineral resources of the sea-bed
weyond the Limits of the continental shelf, comprehensively, in their inter-relation, on
and equal basis, and taking account of the legitimate interests of all states.

Ihe Soviet

1 just

\t the same time taking into consideration that other states unilaterally begin the

of the mineral resources of the sea-bed beyond the limits of the
ontinental shelf, the Soviet Union is compelled io take measures to protect its ,nterests
the prospecting for and the development of the said resources.

practical development
in respect of
The Presidium of the Supreme Soviet of the USSR resolves:

1. Competent agencies of the USSR can issue permissions to Soviet enterprises for the
prospecting for, as well as permissions for the development of the mineral resources of
the areas of the sea bed beyond the limits of the continental shelf (hereinafter referred
to as “areas of the sea-bed"), to determine the dimensions and geographical coordinates
of the areas of the sea-bed in respect of which such permissions are issued.

2. Issuing permissions in accordance with Article 1 of the present decree the Soviet

state does not lay claims to the establishment of sovereignty, sovereign or exclusive
rights, jurisdiction or the right of ownership with respect to any areas of the sea-bec

or their resources, and does not recognise claims of such kind on the part of other states.

The USSR exercises jurisdiction with respect to Soviet legal persons taking part in the
conduct of the prospecting for and the development of the mineral resources of the areas

14

of the sea-bed, with respect to ships, stationary or mobile installations used by Soviet
enterprises in carrying out the said operations, as well as with respect to natural persons
on these ships and installations.

3. On the basis of reciprocity the USSR shall conduct cooperation cm matters of the pro-
specting for and the development of the mineral resources of the areas of the sea-bed

with the states which recognise the permissions issued to Soviet enterprises in accordance
with the present decrec.

The competent Soviet agencies shall notify the states envisaged by part one of the present
article of applications received from Soviet enterprises for the issue of permissions for
the prospecting for or the development of the mineral resources of the areas of the sea-
bed, as well as of permissions issued for the conduct of such work.

4. <A permission for the prospecting for the mineral resources of the areas of the sea-
bed shall be issued on condition that an application for such a permission mentions two
areas recognised as promising with regard to mineral resources. One of these areas is to
be utilised by the enterprise which has received the permission, while the other is to

be reserved for possible prospecting and development by a future international sea-bed
authority.

The total territory of the areas of the sea-bed in respect of which permissions envisaged

by the present decree are issued for the prospecting for or the development of the mineral
resources of the sea-bed, should not surpass reasonable limits with account for the legi-

timate interests of other states.

5. Enterprises which have received corresponding permissions acquire an exclusive right
for the prospecting for or the development of the mineral resources in the areas of the
sea-bed in a region specified in the permission.

6. Enterprises which have received permissions for the developmert of the mineral resources
of the areas of the sea-bed have tLe right to begin it not earlie: than January 1, 1988.

7. On the basis of the treaties between the USSR and the states concerned foreign natural
and legal persons can take part in the prospecting for and the development of the mineral
resources of the areas of the sea-bed conducted by Soviet enterprises, and the Soviet
enterprises -- take part in carrying out the said operations conducted by foreign natural
and legal persons.

8. The compe -nt agencies of the USSR conduct cooperation on the basis of international
treaties of the USSR with foreign states concerned for the purpose of rendering assistance
to them in the development of technology, in the production of equipment, in carrying

out measures to prevent the pollution of the natural environment, in the training of per-
sonnel and in other matters pertaining to the prospecting for and development of the mineral
resources of the areas of the sea-bed.

9. The conduct of the prospecting fer and the development of the mineral resources of the
ireas of the sea-bed by Soviet organizations must not create ungrounded obstacles for the
exercise of the principle of freedom of the seas and the legitimate activities in the world
oocan, and also must not contradict the international commitments of the USSR under the
treaties concluded carlier.

10. The construction by Soviet enterprises of stationary installations for carrying out the
prospecting for and the development of the mineral resources cf the areas of the sea-bed,

and the creation around the stationary and mobile installations of safety zones which

may stretch to a distance of up to 500 metres from the installations, counting from any point
of their outward edge, is allowed oniy with the permission of the competent agencies of the
USSR. The installations should hive means of warning for ensuring the safety of the sea and

15

air navigation with regard for the norms and standards envisaged by ‘nternational organi-
zations. The establishment of the said stationary and ecbile instllations and the creation
of safety zones arousd them is reported in the “notices to the mariners”.

Enterprises responsible for the maintenance and exploitation of the stationary and mobile in-
stallations ervisaged by part one of the present article should ensure their safety and

the maintenance in order of permanent meonms of warning of the existence of these
installations Stationary and mobile installations, the operation of which has been

ended, should be removed if they can create obstacles for the navigation, fishing and other
types of the legitimate uses of the seas.

ll. Im case the prospecting for and the development of the mineral resources of the areas

of the sea-bed are carried out by Seviet enterprises with the participation of foreign natural
and legal persons, ships, stationary and mobile instllations belonging to foreign natural

amd legal persons are under the jurisdiction of the corresponding foreign state with the
exception of cases when directly envisaged otherwise by a treaty between the I'SSP and the
foreign state concerned. ‘

12. The gineral resources recovered by Soviet enterprises in the areas of the sea-bed,
as well es the data and samples received during the prospecting for these mineral resources
ate state property of the USSR.

13. In case of the prospecting for and the “velopment of the mineral resources of the
areas of the sea-bed are conducted by Soviet enterprises with the participation of foreign
natural or legal persons, the minera! recources, may in accordance with a treaty betveen
the USSR and the foreign state concerned fully or partially become the preperty of that
State or natural and legal persons under its jurisdiction.

14. In the conduct by Seviet enterprises of the prospecting for and the development of
the mineral resources of the areas of the sea-bed necessary measures should be taken to
ensure an effective protection of the natural environment from harmfwl influence vhich may
arise as a consequence of such operations.

15. For violating the provisions of the present decree or the regulations issued in its
fulfillment, Seviet officia'ts and citizens found guilty bear criminal, administrative or
other responsibility in keeping with the legislation of the USSR and the union republics.

16. In case of disputes with the agencies of foreign states over the issue of permissions
to Soviet enterprises for the prospecting for or the development of the mineral resources

of the arcas of the sea-bed, as well as over actions committed by foreign legal or natural
persons creating obstacles for Soviet enterprises in carrying out the operations envisaged
by the said permissions, competent Soviet agencies shall take necessary measures to settle
them in keeping with the procedures envisaged by the United Nations Charter.

In case foreign legal or natural persons cause damage to the property of Soviet enter-

prises conducting the prospecting for or the development of the mineral resources of the
ireas of the sea-bed, the competent Soviet agencies take measures to recover in keeping

with the established procedure the damages caused.

l7. ihe competent Soviet agencies ensure security of the citizens taking part in the
prospecting for and the development of the mineral resources of the areas of the
sea-bed carried out by Soviet enterprises, as well as the safety of the property used
in carrying out these operations.

18. Part of the proceeds received from the development of the mineral resources of
the areas of the sea-bed by Soviet enterprises shall be used to set up a special fund
in accordance with the procedure and in amount to be specified by the Council of
Ministers of the USSR.

16

The proceeds transferred to the fund may be handed over to a future international
sea-bed authority for the purpose of the fulfillment of the obligations of the USSR
which will arise in connection with a new convention on the law of the sea being drafted.

19. The procedure of the issue of permissions for the prospecting for and the development
of the mineral resources of the areas of the sea-bed and of carrying out these operations
are to be determined by the Council of Ministers of the USSR.

20. The present decree shall be cancelled after a new convention on the law of the
sea takes effect with respect to the USSR.

President of the Presidium of the Supreme Soviet of the USSR L. Brezhnev, Secretary of
the Presidium of the Supreme Soviet of the USSR M. Georgadze, Moscow, the Krenlin.

[A comparison of the foregoing TASS text of the Sutreme Soviet decree on
the Law of the Sea with the version published by iioscow IZVESTIYA in
Russian on 18 April in the Morning Edition on pages one and two, the
apparent text of the USSR Supreme Soviet Presidium Decree “On Temporary
Measures for the Regulation of the Activities of Soviet Enterprises in
Prospecting for and Developing Seabed Mineral Resources Beyond the Limits
of the Continental Shelf," reveals the fcllowing variation:

[IZVESTIYA rewords Resolution No 13 to read:

[13. Im case of the prospecting for the development of the mineral
resources of the areas of the sea-bed are conducted by Soviet enterprises
with the par.icipation of foreign natural or legal persons, the mineral
resources extracted in the seabed region and also the data and samples
obtained during prospecting for these mineral resources may in accordance
with a treaty between the USSR and the foreign state concerned fully or
partially become the property of that state or natural and legal persons
under its jurisdiction. ]

CSO: 5200/2071

17

—— ooo — a
- eS —— a

USSR

U.S. DEMANDING REVISION OF LOS CONVENTION
LD180736 Moscow TASS in English 0730 GMT 18 Apr 82

[Text] Moscow, 18 Apr, TASS -- A heated discussion has been under way for the second
month now at the UN Headquarters in New York, at the llth session of the Third UN Law
of the Sea Conference, the newspaper SOTSIALISTICHESKAYA INDUSTRIYA writes today.

The draft convention on the law of the sea was prepared in eight previous years. The
draft convention created an international legal foundation for long-term cooperation
between all states of the world in various spheres of the use of the seas and development
of the resources of the world ocean. This is a single, comprehensive code of principles
and norms of contemporary law of the sea, which reflects the balance of accords between
all parties to the negotiations and which gives nobody unilateral advantages and benefits.

Articles and the main provisions of the draft convention were approved at the previous
sessions by all countries, including the United States.

Influenced by mining and steel making companies, the Reagan administration, which took
office early last year, went back on the previous accords and unilaterally demanded a
revision of the most important sections of the convention, particularly the section
which regulates the norms and the rules of development of mineral resources on the
sea bed .

The matter is, the article runs, t..at American companies, in view of unreliability of
raw material imports for the U.S. industry, have lately started displaying a still
greater interest in the possibility cf extracting strategic raw materials from sea and
ocean beds.

The U.S. attempts to have a fundamental revision of the draft convention on the law of
the sea were firmly turned down by many capitalist, developing and socialist countries.

The Soviet Union advocates and will continue advocating settlement of burning problems
of the legal regime of the world ocean on the international foundation and conclusion

for the purpose of a convention, which would provide for a comprehensive sett l]l/ment
of problems in their mutual connection, on a fair and equitable foundation, with due
account for the legitimate interests of all states.

Meanwhile, SOTSIALISTICHESKAYA INDUSTRIYA stresses, since other states unilaterally
start practically developing the mineral resources of the sea bed outside the boundaries
of the continental shelf, the Soviet Union is compelled to take steps to protect its
interests in the sphere of surveying and developing sea bed resources.

CSO: 5200/2071

18

USSR

SOLTAN COMMENTARY ON LAW OF SZA CONFERENCE

LD191906 Moscow World Service in English 1600 GMT 19 Apr 82

[Yuriy Soltan commentary on UN Law of the Sea Conference]

[Text] The purpose of the conference is to complete this year the drafting of an inter-
nationel convention in utilization of the resources of the world oceans.

The draft is practically ready. Once the convention comes into force it -ill prevent
over-exploitation of the riches of the oceans and guarantee every nation, without
exception access to them.

The Soviet Union, as a nation washed by three oceans, has contributed much to the draft.
Its attitude has been that all matters relating to utilization of the mineral resources
of the seabed should be adjusted comprehensively on a fair and equal basis with regard
for the legitimate interests of all countries. This position has met with the support

of most of the other participants in the conference and is central to the draft already
prepared.

The previous United States administration finally accepted it too, but now the Reagan
administration has withdrawn support. It seems to have made it a practice to violate
international treaties and agreements without a second thought. The United States dele-
gation demands a whole series of revisions that would amount to rewriting the draft
already agreed. According to the New York TIMES, the United States is doing this to
benefit its mining companies. The American Congress has already issued licenses to
several corporations to engage in prospecting and mining in deep seawaters beyond the
Continental Shelf.

The only countries that have supported the United States at the conference are Britain,
Federal Germany, France and Japan. They appear to be attracted by the American idea of
ensuring a small group of imperialist states a dominant position in the new economic

area of deep sea mining. The large group of developing nations a . the socialist nations
oh’ ect to the efforcs of the United States and some of its allies to guarantee their
corporations praccically unlimited rights to mine the seabed. But these efforts have
threatened the conference with a breakdown.

The Soviet Union will continue to insist on a fair law governing deep sea mining in the
form of an international convention, but in the circumstances it must protect its
interests. The presidium of the USSR Supreme Soviet, or the national parliament, has
therefore decreed that the government can issue licenses to Soviet enterprises foi
prospecting and mining mineral resources on the seabed. These permits will not
constitute a claim to sovereignty or exclusive rights over any areas of the seabed

or their resources. At the sam time, the Soviet Unio’ does not recognize claims of
this kind by any other nation. The decree also says the measures it stipulates are
temporary and will be cancelled when an international convention on the law of the

sea comes into force, with the Soviet Union as a signatory.

CSO: 5200/2071

19

USSR

USSR COMPELLED TO DEFEND SEA RESOURCE INTERESTS
PM221513 Moscow SOTSIALISTICHESKAYA INDUSTRIYA in Russian 18 Apr 82 p 3
[Article by 1. Sivtsev: "Maneuvers Over the Sea Bed"]

[Text] The struggle at the llth secsion of the third UN Law of the Sea Conference has been
raging for 2 months at UN Headquarters in New York. Representatives of 157 countries
including the socialist countries are participating in its work.

In the previous 8 years a draft convention was prepared which established a basis in
international law for long-term cooperation among all states of the world in various
spheres of the use of the seas and of the exploitation of the world oceans’ resources.

This is a unified all-embracing code of the principles and norms of the present-day
law of the sea reflecting a balance of accords among all participants in the talks and
giving no unilateral benefits or advantages to anyone.

The draft convention, which contains over 500 articles and provisions, establishes a
l2-mile zone, a regime for territorial waters and a regime for straits; sets a 200-mile
exclusive economic zone; and grants littoral countries the right to prospect for and
extract oil and gas at sea up to 350 miles from the coast, a right which did not pre-
viously exist in the law of the sea. An international legal regime for exploiting the
resources of the sea bed beyond the continental shelf was also formulated.

The draft convention's articles and main provisions were approved at previous sessions

by all countries, including the United States. However, under the influence of mining

and steel companies, the Reagan administration, which came to power at the beginning

of last year, reneged on the previous agreements and unilaterally demanded a review of

the convention's major sections, particularly the cection governing the norms and rules
of exploiting mineral resources on the sea bed.

The point is that U.S. companies, taking into account the unreliability of imports as a
means of providing U.S. industry, have recently begun to show increasing interest in
extracting strategic raw materials from the sea and ocean beds. According to available
data, the sea bed's resources are several times greater than the discovered resources of
111 countries. The northern Pacific sea bed alone is covered with an area of about

6 million square kilometers of polymetallic nodules. The stocks of metals contained

in them are 5 times greater than discovered nickel reserves, 8-9 times greater than
discovered manganese reserves and 35 times greater than discovered cobalt reserves.

Four international consortiums have emerged in the United States recently which are
interested in developing minerals at sea. They are the Kennecot Croup, Ocean Mining
Associates, Ocean Management and the Ocean Minerals Company.

Other U.S. companies such as U.S. Steel and Lockheed have already invested about $200
million in develcping marine drilling machinery. They are attracte! not just by the

sea bed's weslth but by prospects of the uncontrolled extraction of strategic materials.
“The United States,” the New York TIMES writes, “wants to cancel all mining restrictions
and open the sea bed to any private company entitled to claim ir.”

The U.S. attempts to bring about 4 radical revision of the draft law of the sea convention
were resolutely rejected by many capitalist, developing and socialist countries.

"The USSR delegation,” S.P. Kozyrev, USSR deputy foreign sinister and head of the Soviet
delegation at the conference, stressed in particular, “expresses the hope that the United
States and certain of its allies will once and for all cease the attempts at gaining
advantages and privileges for themselves alone to the detriment of other countries’

and peoples’ interests.”

The Soviet Union advocates and will continue to advocate the settlement of the urgent
problems of a legal regime for the world ocean on an international basis and, with this
aim in mind, the conclusion of a convention in which all questions of the law of the

sea -- in particular, questions of using sea bed mineral resources beyond the continental
shelf -- would be resolved comprehensively and interconnectedly on a jus. «.d equitable
basis taking account of all states’ legitimate interests.

Meanwhile, taking into account the fact that other states are unilaterally beginning the
practical exploitation of sea bed mineral resources beyond the continental shelf, the
Soviet Union is compelled to take measures in defense of its interests with regard to
the prospecting and development of the above-mentioned resources.

CSO: 5200/2071

21

COLUMNIST CRITICIZES LAW OF SEA CONVENTION
NC280702 Istanbul MILLIYET in Turkish 23 Apr 82 pp 9, 14

[“They and We" colum by Mehmet Ali Birand: “Turkey Cannot Sign This
Agreement” |

[Excerpts] If no important changes are made in the law of the sea convention
which has been under discussion within the UN framework for many years and
which has now reached its final stages--and if it is impossible to make the
changes we would like--Turkey cannot sign this agreement.

The convention contains such provisions that no matter how many reservations
we add to it, by signing it, we cannot avoid making the Aegean a present to
Greece. Some of the salient points of this convention are: Section 3
declares that every state is entitled to extend its territorial waters to

2 miles. There is no provision clarifying the fact that this is not appli-
cable to semiclosed seas like the Aegean, which is a special case.

One can conclude that, in its present form, the convention is full of
ambiguous concepts and that it does not stipulate any clearly stated provi-
sions which could be used to protect Turk. y*’s interests in the Aegean.

Addressing the United Nations on 30 March, Turkish delegate Kirca expressed
reservations on this point. But is this adequate’?

No matter from what perspective we look at it, if the convention is accepted,
Papandreou will be legally entitled to convert the Aegean into a hellenic
lake. At the least, he will consider himself entitled to this right.

furkey’s sole hope is an obj..ction by the United States to certain sections
that it has previously accepted. This is an extremely difficult approach.
These are such fundamental sections that envisage their free use by a cowtry
with technical superiority, although developing countries consider these
waters within their own jurisdiction. In other words, these are extremely
difficult demands to be agreed upon.

If the agreement does not materialize, it will be some relief for Ankara.

If it does, it will mark the beginning of the most dangerous period in
Turkish-Greek relations, because it will be extremely difficult for
Papandreou to rid himself of the glamor which the advantages of this conven-
tion will give him. What is more, the Greek opposition will try to squeeze
him into the corner by reminding him of his past promises.

the law of the sea convention has turned the Aegean into a time bomb, but
most of us do not realize this.

CSO: 5200/5309 END

22