Skip to main content

Full text of "Worldwide Report: Law of the Sea No. 213"

See other formats

JPRS 82268 

18 November 1982 

Worldwide Report 


No. 213 



JPRS publications contain information primarily from foreign 
newspapers, periodicals and books, but also from news agency 
transmissions and broadcasts. Materials from foreign-language 
sources are translated; those from English-language sources 
are transcribed or reprinted, with the original phrasing and 
other characteristics retained. 

Headlines, editorial reports, and material enclosed in brackets 
[] are supplied by JPRS. Processing indicators such as [Text] 
or [Excerpt] in the first line of each item, or following the 
last line of a brief, indicate how the original information was 
processed. Where no processing indicator is given, the infor- 
mation was summarized or extracted. 

Unfamiliar names rendered phonetically or transliterated are 
enclosed in parentheses. Words or names preceded by a ques- 
tion mark and enclosed in parentheses were not clear in the 
original but have been supplied as appropriate in context. 
Other unattributed parenthetical notes within the body of an 
item originate with the source. Times within items are as 
given by source. 

The contents of this publication in no way represent the poli- 
cies, views or attitudes of the U.S. Government. 


JPRS publications may be ordered from the National Technical 
Information Service, Springfield, Virginia 22161. In order- 
ing, it is recommended that the JPRS number, title, date and 
author, if applicable, of publication be cited. 

Current JPRS publications are announced in Government Reports 
Announcements issued semi-monthly by the National Technical 
Information Service, and are listed in the Monthly Catalog of 
U.S. Government Publications issued by the Superintendent of 
Documents, U.S. Government Printing Office, Washington, D.C. 

Correspondence pertaining to matters other than procurement 
may be addressed to Joint Publications Research Service, 
1000 North Glebe Road, Arlington, Virginia 22201. 

JPRS 82268 

18 November 1982 


No. 213 
Soviet Cocos Islands Incident 1 
Fishing Pact With Thailand 1 
Fishing Agreement With Japan 2 
Sea Safety Pact Signed With Japan 
(BULLETIN TODAY, 30 Oct 82) e*eeeneeneneneneeneneneneeneneenrteneeneneeneneee#e see 3 
Japanese Boat Held for Illegal Fishing 
(Wilma Tamzon; BULLETIN TODAY, 1 Nov 82) .......seeeeeeeeees 4 
Fish Catch Rises 5 
Marine Environment Study Completed, Offers Proposals 
(ROYAL GAZETTE, 8 Oct 82) .....eeeees eoccccccccesccoes eeccce 6 
LOS Diplomat on Relations With Venezuela 
(EL TIEMPO, 4 Oct 82) *eeeveeeneneneeeneneeneeeeeeneneewmeeeeeeeeeee see 8 

-a- [III - WW - 136] 


Shearer Calls for Ratification of Law of the Sea 

(DAILY GLEANER, 8 Oct 82) ......cccccccccccccccceveses 

Jamaica Reports Preparations for ISA Officers 

RGM, De OGG GE? cicn svedeca sons ceesesatecsecess 


Spanish Fishermen Protest French Policy in Bay of Biscay 

(Ignacio Alonso; EL PAIS, 16 Oct 82) ................ 


Commettator Recommends Government Not Sign LOS Treaty 
(Klaus Broichhausen; FRANXFURTHER ALLGFEMEINE, 11 Sep 82) ... 







SOVIET COCOS ISLANDS INCIDENT--THE Federal Government has lodged a protest 
with the Soviet embassy in Canberra over the behavior of the captain of a 
Russian research vessel. The vessel, Antaris, called at the Cocos Islands, 

an Australian-administered group of 27 atolls in the central Indian Ocean, 
late last month. The captain told local officials the Antaris had engine 
trouble and he wanted to carry out repairs. The officials directed the cap- 
tain repeatedly to a safe anchorage on South Keeling Island. The captain 
refused and moored his ship on North Keeling Island. Both islands are part 

of the Cocos group. A spokesman for the Department of Foreign Affairs in 
Canberra said yesterday the Government was concerned over the captain's de- 
fiant action and the incident had been taken up with the Soviet embassy. The 
Minister for Home Affairs and the Environment, Mr McVeigh, confirmed last week 
that Cabinet had discussed sightings of Soviet submarines in the area. The 
Cocos Islands, which will become an overseas territory of Australia next year 
after a UN supervised act of self determination for the 320 Cocos Malays, have 
great strategic significance fot the Western alliance. The airstrip on West 
Island is used by the RAAF as a staging base for reconnaissance flights in the 
central Indian Ocean and by the US Air Force staging through to Diego Garcia. 
[Canberra THE AUSTRALIAN in English 22 Sep 82 p 3] 

FISHING PACT WITH THAILAND--3ANGKOK, Wednesday--Captains of Thai fishing 
trawlers and their crews are being instructed in inteinational law and codes 
of seagoing behaviour before they begin fishing in Australian waters. The 
Royal Thai Navy is conducting the courses, the managing director of a Thai- 
Australian fishing company, Mr Graeme Mathieson, said today. He said his com- 
pany, Coldstream International Corporation Ltd, hoped to begin trawling in the 
Arafura Sea in the next few weeks. Anthorities in Queensland, Western Aus- 
tralia and the Northern Territory had approved, and authorisation from Can- 
berra was expected any day now. Mr Mathieson said his agreement with the Aus- 
tralian authorities was a normal one for this type of oneration, giving his 
fleet an annual catch quota worth perhaps nearly $20 million. All the catch 
would be landed in Australia and sold there. Australian officials indicated 
earlier that the project envisaged landing only a small proportion of the 
catch, with the bulk being shipped directly to a number of Asian countries 

for processing. Mr Mathieson said all the catch would be sold in Darwin, 
where there was adequate cold storage. Some would be exported, but all would 
go out as an Australian export. There were plans later for a cannery in Dar- 
win, Ultimately his compan,, which was 51 per cent Thai and the remainder 
mainly Australian, would invest about $4 million in the project. Initially 30 
Thai trawlers flying both the Thai and Australian flags would be fishing. 
[Neil Kelly] [Sydney THE SYDNEY MORNING HERALD in English 23 Sep 82 p 10] 

CSO: 5200/7506 

FISHING AGREEMENT WITH JAPAN--Australia and Japan have reached agreement on 
longline tuna fishing in Australian waters for another 12 months. Minister 
for Primary Industry Nixon says the agreement is still subject to formal 
approval but is expected to come into effect on 1 November. Nixon says wider 
the new agreement, Japan has confirmed that Australian cod tuma can be sold 
in the Japanese market. He says that to avoid problems with Australian fisher- 
men, an area off the north coast of New South Wales has been closed to 
Japanese boats. The minister said in return for access to areas in the 
Australian fishing zone, the Japanese had agreed to share any international 
control restrictions on tuna catchers and to take account of recent expansion 
of the Australian industry. [Text] [BK141333 Melbourne Overseas Service in 
English 0830 GMT 13 Oct 82] 

CSO: 5200/4302 



Manila BULLETIN TODAY in English 30 Oct 82 p 23 




The safety of ship- 
ping lanes transitting 
between the Philip- 
pines and Japan was 
further enhanced this 
week with the conclu- 
sion of the first bilater- 
al conference between 
the Philippine Coast 
Guard and the 
Japanese Maritime 
Safety Agency. 

With Minister 
Nageo Hyodo and a 
representative from 
the local Ministry of 
Foreign Affairs as wit- 
nesses, top officers of 
the two coast guard un- 
ite signed an agree- 
ment enumerating the 
areas where they in- 
tend to take joint or 
complementary ac- 


Vice Admiral Shinji 
Nakajima and Com- 
modore Brillante C 
Ochoco called their 
agreement “guidelines 

lor «perative efforts 
between the Philippine 
Coast Guard and the 
Japanese Maritime 
Safety Agency.” 

The pact specifically 
mentions maritime 
safety, search and res- 
cue, marine environ- 
mental protection, aids 
to navigation, train- 
ing, exercises, and in- 
ternational (SOLAS) 
conventions as their 
areas of mutual con- 

Like the previous 
PCG-US Coast Guard 
agreement, the present 
pact also provided for 
un annual review of 
their actions “to prom- 
ote harmonious rela- 
tions between the two 
agencies, facilitate 
solutions to common 
problems, and contri- 
bute to professional de- 



Manila BULLETIN TODAY in English 1 Nov 82 pp l, 9 

[Article by Wilma Yamzon] 




A Japanese fishing boat 
was apprehended the 
other day by the Philip- 
pine Coast Guard and 
Philippine Navy several 
miles west of Balabac, 
Palawan, for illegai entry 
and fishing, the Phili 
pine Coast Guard (PCG) 

The PCG station in 
Palawan said the opera- 
tion group was on a patrol 
aboard BRP Sultan 
Kudarat Patrol Ship 22 
when they spotted the 
Japanese ship. They 
found in its hold six tons 
of fish. 

In a report to PCG com- 
mandant Brillante C. 
Ochoco, Capt. Gil 
Mariano, PCG 4th district 
commander, said the ves- 
sel's master alleged he 
obtained a fishing permit 
from the Palau Maritime 
Authority signed by its 
deputy director, Marh.- 
ence Madranchar. 

The vessel was deep in 

the Philippine waters and 
the permit was good only 
in the jurisdiction of 
Palau islands, Western 

Carolines, in the Pacific, 
not in the China Sea. 
Kogi Kobune, ist 

Macaru Oshiro, 
Takeyoshe Nakasone, 
Choei Fukuyuma, and 
Hideo Kabashigawa. 

between the 
Philippine and Japan 
Coast Guard was signed 
for cooperation in rescue 
and safety operations and 
enforcement of maritime 
laws. (Wilma Yamazon) 




FISH CATCH RISES--The output of Argentina's fishing industry rose 60 percent 
during the first half of this year as compared to the same period of 1981, 

the maritime interests secretariat announced yesterday. The total catch during 
the first six months of this year was 223,000 tons, and the official report 
stresses that the production increased despite “operational difficulties” in 

the sector as a result of the south Atlantic conflict with Britain. [Text] 
[PY122353 Buenos Aires BUENOS AIRES HERALD in English 12 Oct 82 [page not given] 
PY | 

CSO: 5200/2001 


Hamilton ROYAL GAZETTE in English 8 Oct 82 p 3 

{Text ] 

A five-vear study into Bermuda's 
inshore waters has concluded that 
the Island's marine environment 
faces no immediate threat — 

rovided the “delicate balance” 

etween Man and ocean is 

The report — the product of a Gov 
ernment -sponsered research team 
from the Bermuda Biological Station 
aided by A scientists and eight uni- 
versities — was presented by Dr. the 
Hon. John Stubbs, Minister of 
Agriculture and Fisheries at a press 
conference held vesterday 

He commented: “We cannot be 
complacent about our marme environ: 
ment but we can be cautiously op- 

The five-vear research programme 
cost herween £05).000-400,000. Its re- 
port points cut f=<< the outset: “After 
five vears of intensive studies no clear 
evidence of sugnificant sewage pollu- 
tion has been found im the inshore 
water — 

Hut. it continues: “At present. the 
marine environment copes adequately 
with sewage inputs. However. the Ber. 
muda manne ecosvstem is delicately 

halanced and depends on many 

“An increased sewage input, or even 
cominiation of the present imput. 
may eventually lead to an unbalanced 

<v-tem. with serious consquences for™ 

the local marine environment.” 

The team has drawn up a series of 
recommendations including steps to 
control and eventually reduce sewage 
input as well as other water quality 
measurements and checks on the pres- 
ence of items such as pesticides 

(ther suggestions include: 

* Short-term. intensive studies of hu- 
man impact on Hamilton Harbour. 

* Vearly surveillance. by helicopter 
and diving. of Cladophora mats (the 
prolitx green algee that caused con- 
cern among environmental groups 
alter its growth wncreased around Har. 
nington Seund) 

* Studies of phosphorus content de- 
rived from detergents 

¢ Hi-annual imvestigations of the 
»»pulation of the calico clam 

(ne of the general recommend. 
atten in what im otherwme a very 
technical renert is the development of 
“to o« sensible solution to problems 



caused by the airport dump and also 
feasibility study on the possibility oi 
replacing Cemepit> with «mall sewage 
treatment units 

Ir. Stubbs. eccAmpenied by 
Agriculture and fisheries Directo: Dr 
Idwalt Mughes. seed Government was 
weighing up the vanous suggestions 
He punted out thai several of the 
recommendations, including the var- 
ous studies, were already on line 

Mr. Timothy ickells. an organic 
chemist who helped draw up the re- 
port. also. said that the detergent imsue 
had been eased already by the use of 
‘«tter detergents which had helped 
reduce phy sphorus build-up 

The study alx pinpoints why Ham- 
iltun Harbodr appears green at times. 
The odour change stems from season- 
al phstoplankton blooms that seem to 
laveur the harbour 

The repert calls tor a coral reef 
~tuchy useng the «ite where the vessel 
Mari Heeing grounded. Blasting there 
in 1979 to make a clear tow path for 
the hull damaged a nearby reet and 
has presented scientists with an “in- 
valuable” oppertunity to see how 
damaged HKermuda reets re-establish 



Bogota EL TIEMPO in Spanish 4 Oct 82 p 14-B 

[Text] The small Los Monjes islands make neither a continental shelf nor an ex- 
clusive economic zone because the new international law establishes it that way, 
said the chief of the Colombian delegation to the UN Conference on the Sea, 
Hector Charry Samper. 

In explaining the reaches of the UN Convention cf the Sea, Charry said that it 
is the first time that maritime law, which previously was dictated by the great 
powers, is going to be determined ty the UN wembers. 

In this way, he emphasized, the countries of Latin America have made an impor- 
tant contribution to this new law of the sea, or international law: they were 
the first to establish the 200-mile limit as a national economic zone, one of 
the fundamental clauses in the convention. 

In statements on the program, "Five Reporters and the Personality of the Week" 
from Caracol, the Colombian diplomat commented that the other consequence of the 
new agreement is that new maritime dimensions have appeared: no longer is this 
just a medium for navigation with fishing resources, but due to techno-scientific 
advances, the possibility of marine mining is coming into play with multinational 
enterprises which are now commercially exploiting those resources. 

Moreover, the bases and criteria have been set for delimiting marine and subma- 
rine areas in all cases concerning states with adjacent or opposing shorelines, 
and a special court is being established, the International Court of the Sea, 

7 which is going to replace the International Court of Justice in these matters 
and which is going to take up delimitation problems and litigation. 

Asked if the new agreement would restrict the law concerning keys in all seas 
and if, in the case of Venezuela wich the Los Monjes, would it change eil the 
ground rules in relation to the differences with Colombia, Charry Samper said: 
“The Convention of the Sea establishes criteria for the d limitation of the 
different marine spaces. In the first place, coastal spaces have an exclusive 
economic zone up to 200 miles and beyond those 200 the zone is referred *o as 
‘common heritage of mankind.’ This means there will be no exploitation of the 
resources of the sea outside that authority without permission of the court 
which is being set up in Jamaica for exploitation of polymetallic moduli wd 

the wealth of the sea. But, it also means delimiting between states with 
adjacent or opposing coasts. It is entirely a natural phenomenon, not a 
desire or a claim by a neighbor. According to the convention, it is an 
obligation of states to delimit their areas." 

The Colombian ambassador insisted that delimitation is an obligation, because 
if the countries with adjacent or opposing coasts do not do it, the authority 
will not be able to come in to make use of the common heritage of mankind for 
the benefit of the people. 

He reaffirmed that the continental shelf is an important matter which establishes 
a system of delimitation. "Territorial waters extend to 12 miles and, in the 
case of delimitation between states with adjacent or opposing coastlines, the 
average line is applied--a thesis to which Colombia has been traditionally 

--Whomsoever does not subscribe to the new convention is not obliged .v fulfill 
it. Then, what is going to happen with Venezuela? 

"It is an internal decision about which I do not express an opinion and which I 
deeply respect. International law has established bases which are fundamental 

and which obligates them oftimes, even when states do not sign conventions. An 
international law does exist which cannot be ignored by anyone." 

--Whom does the convention most favor, Colombia or Venezuela? 

"It seems to me that here are the facts. This is a convention with some pre- 
cise rules that express the will of the international community. Colombia has 
already acknowledged it, that which leans towards constitutional processes and 
we put ourselves in the hands of international law." 

--Does the Convention of the Sea establish a certain time limit for delimiting 

"No. No time limit is fixed, but the convention does establish some rules about 
what should be done when there is a controversy if no agreement has been reached. 

It states that when an agreement has not been reached neither of the two parties 
can do anything that would jeopardize the final negotiation, or that could mean 
unilateral exploitation of the resources of the area in question." 

Finally, Hector Charry characterized himself as a ‘thoughtful supporter" of Colom- 
bia's entry into the Movement of the Non-Alined Countries and he said that the 
government of President Belisario Betancur may have opened the deor for this 
entry which, he said, will permit strengthening our negotiating power to defend 
our interests. 

cso: 5200/2000 


FL111930 Kingston DAILY GLEANER in English 8 Oct 82 pp 1, 20 

[Excerpts] Foreign Minister the Rt. Hon Hugh Shearer yesterday called for 
early ratification by member states of the Law of the Sea Convention as he 
delivered Jamaica's major policy address before the United Nations General 
Assembly in P2s York. 

He also expressed the hope that no country or group of countries would en- 
gage in action or adopt measures that would undermine the convention. 

The deputy prime minister said that Jamaica has a great sense of pride at 
having been selected as the site of the international seabed authority, the 
preparatory commission and the ceremony for the signing of the convention. 

He said that it is essential that, consistent with the programme and ob- 
jectives of the preparatory commission, adequate provision be made for its 
effective functioning. 

Mr Shearer said: "We exhort all states to sign and ratify the convention as 
quickly as possible, so that it will enter into force in the shortest pos- 
sible time. An early entry into force of the convention can only operate to 
the advantage of all countries, developed and developing, particularly where 
it deals with the regime for the exploration and exploitation of the deep 

“We would not wish anyone to be left in doubt as to our view that activities 
in the international seabed area can only take place lawfully within the 
framework established by the convention. We hope that no country or group of 
countries will engage in action or adopt measures whose effect will be to 
undermine the convention." [passage omitted] 

He said that Jamaica was disappointed that the recent second special session 
of the General Assembly devoted to disarmament failed to achieve any signifi- 
cant results, particularly regarding a comprehensive programme of disarma- 

Turning to economic issues, Mr Shearer said that Jamaica's analysis of the 
global economy has highl‘ghted the need for immediate action. If the world 
is to avert the collapse of the international systen. 


"We are all agreed on the necessity to achieve a rate of economic growth con- 
sistent with the aspirations of our peoples and the requirements for achieving 
international peace and security,” he said. 

"In seeking to fulfill these objectives, we must make a special appeal to the 
developed countries to desist from the application of protectionist trade 
policies,” he said. 

Mr Shearer said that these policies, based on the experience of the 1930's, 
have shown that measures to protect sectors in economies that have lost their 
competitive edge in the international market place are self-defeating: 

"They have only to contract international purchasing power and generate un- 
employment in their own economies as well as in the economies of the develop- 
ing world that provide markets for their exports." 

Mr Shearer said that Jamaica is firm in the view that it is the market-place 
and the work-place of the developing world which holds the best solution for 
reflation without inflation: 

"The unsatisfied and growing demands of the consumer market; the unsatisfied 
and growing capabilities of the work force of a growing number of developing 
countries need only the catalyst of expanded credit resources to fuel an 
expansion of trade through exported growth." 

He said that Jamaica commended for the consideration of the General Assembly 
the essential features of Prime Minister Edward Seaga's presentation on the 
subject at the recent joint meeting of the World Bank and the International 
Monetary Fund in Toronto, Canada. 

Mr Shearer said that the proposed global round of negotiations, which has 
been under consideration for the past three years, must now be recognized as 

offering the best prospect of bringing about the changes required to estab- 
lish an economic system which can fulfill "the aspirations of our time." 

CSO: 5200/2002 



Bridgetown CANA in English 2044 GMT 30 Oct 82 

[Text] Kingston, Jamaica, 30 Oct (CANA)—Jamaica's preparations to host 
the headquarters of the International Seabed Authority (ISA) as well as the 
signing in early December of the Law of Sea Convention, have received full 
approval from a United Nations review mission that visited the island re- 
cently, a statement from the Foreign Ministry here has said. 

The island was earlier this year selected as the site for the ISA head- 
quarters, the body that will over see the implementation of the convention, 
and a temporary headquarters is being built on the Kingston waterfront. 

The building is expected to be completely ready in time for the first meet- 
ing of the ISA Preparatory Commission next March. 

Additionally, Jamaica was recently named the venue for the signing of the 
treaty after Venezuela withdrew. 

The Foreign Ministry said that a seven-member mission from the United Nations 
Conference on the Law of the SEA (UNCLOS) was here between 18 and 23 October, 
visiting the temporary headquarters building and holding talks with govern- 
ment officials and agencies which are responsible for its completion on time 
and the smooth functioning of the facility. 

The mission also reviewed planning for the signing session of the Law of the 
Sea Convention in the northwestern city of Montego Bay, and on both counts 
were satisfied, the Foreign Ministry said. 

cso: 5200/2000 



Madrid EL PAIS in Spanish 16 Oct 82 p 42 
[Article by Ignacio Alonso] 

[Text] Shipowners of Spanish fishing boats accuse the French minister of 
Maritime Affairs Louis Le Pensec, of demagogic practices, and they make the 
accusation that the French fishing policy is directed toward delaying the 
admission of Spain into the EEC and reducing the strength of our fleet in 
European waters, which would make easier the massive penetration of Gallic 
products into the peninsular market 

The French minister of Maritime Affairs, Louis Le Pensec, threatened at the 
beginning of the month in Luxemburg to reject any fishing agreement between 
Spain and the EEC for 1983 if guarantees were not obtained that the Spanish 
vessels will respect community regulations and will give up unauthorized 
fishing in the Bay of Biscay. 

The Spanish reply, through the Spanish Federation of Shipowners of Fishing 
Boats and the Association of Shipowners of Pasajes, was not long in coming. 
The Spanish federation accuses Le Pensec of wanting to hide with his words 

the French intention of reducing the streng‘:-h of the Spanish fleet to the 
advantage of his own fleet, and to introduce their produce easily in our market 
which is eager for marine products. The shipowners of Pasajes are protesting 
because of the effort made to adapt their fleet to the licenses that the 

EEC is offering and because of the lack of respect toward their wishes. "We 
believe," they say in a letter remitted to Louis Le Pensec, “that the measure 
announced by the French Government does not value the considerable effort 

made by the shipowning sector of this port of Pasajes, and we hope that they 
will consider our situation." 
The Federation of Shipowners goes further, and not only does it directiy 
reject the accusation that the Spanish vessels do not respect community 
regulations, but it also transfers the accusation of unauthorized fishing 

to the French fleet itself. The shipowners believe that the opportunities 

for breaking the EEC's fishing regulations are minimal, and they describe 

in detail that a Spanish vessel, in the case of transgressing the EEC's rules, 
is punished twice, because first a fine is imposed on it and afterwards the 
community itself withdraws its fishing license from it. 


On the list of community contradictions, the shipowners assert that the 
Spanish fishing vessel "Martimunc Segundo” had its right to a community 
license suspended for 12 months on the claim that it was seen and photo- 
graphed fishing in community waters last 20 February. And on that date the 
boat was moored in the port of Pasajes. 

Behind the statements of the French minister, the shipowners understand 

that there is hidden the intention to limit, at the next negotiation of the 
fishing agreements between Spain and the EEC (which begins next month), the 
number of boulter vessels, the skill of selective fishing toward which many 
Spanish trawlers evolved in recent years. The aim in all cases is the same: 
to increase the power of the French fleet and to easily introduce fish in 
the Spanish market. At the present time, the number of community licenses 
has reached 128. 

Confrontations in Galicia 

Directors of the Association of Shipowners of the Galician trawler fleet 

were studying at the last minute on Wednesday night the possibility of 
revoking the announced mooring of the 160 vessels that are operating with 

this type of fishing in Galicia, after participating in a meeting called by 
the Fishing Council of Xunta, which was also attended by representatives of 
the boulter method fleet. Trawler and boulter fishermen maintain a con- 
frontational attitude about the opportuneness of a ministerial order of last 
February, by which the prohibition on boulter fishing on the Galician conti- 
nental platform, which is only 17 miles wide, was extended to depths less than 
200 meters, reports ANXEL VENCE. 

Moreover, the Catalonian fishermen will respect the agreements signed with 
the Basques on tuna fishing, as has been announced by the fishing director 
of the Basque government, Miguel Muruaga, regarding the conflict that has 

arisen because of the presence of the Basque fleet in Mediterranean waters. 

The above mentioned agreement establishes that the Basque fleet will engage 
in tuna fishing in those waters under the standards and rules for fishing 

of those associations. This agreement was contested by some associations in 
the Mediterranean, which provoked the government fishing authorities into 
sending telegrams to the parties in conflict, ordering them to allow the 
Basque fleet to fish provided that it complies with the agreement in all its 

The Spanish fishing boats "Maflor", "Mariscos Rodriguez 1" and "Virgen de la 
Palma", seized last week by Portuguese patrol motor launches, returned to 
Isla Cristina after paying 170,000 pesetas for each boat as a fine for 
fishing in waters too close to the coast of Portugal. 

The six Spanish fishing boats seized by Morocco last week are presently 
in the military zone of the port of Casablanca. 

CSO: 5200/2503 



Frankfurt/Main FRANKFURTHER ALLGEMEINE in German 11 Sep 82 p 13 
[Article by Klaus Broichhausen: "The Dispute Over the Riches of the Sea™] 

[Text] The International Law of the Sea Conference, a mam- 
moth undertaking of 160 countries, was the most expensive 
and longest conference of the United Nations. After its 
close it is completely unclear what will become of the new 
Law of the Sea Convention which the conference adopted in 
the spring and which will be presented for formal signing 
after the end of the year. No one knows what the paper, 
described as having 320 articles, 9 annexes and 5 resolutions, 
is worth as the result of 9 years of conferences. President 
Reagan has already pushed it aside as unusable. The Federal 
Government still does not know what to decide. Developing 
countries increasingly notice that the convention, forced 
through with a Third World majority, was a wild goose 

chase for them, for only a few developing countries can 
derive any benefits {rom it. 

If so many questions are touched upon in a conference, it cannot be only a 
matter for experts on the law of the sea. The new convention concerns every- 
one. In particular it does not concentrate, like the regime currently in 
force, on pure law of the sea matters, but spills over into a comprehensive re- 
gime of the law and exploitation of the seas. This significance of the mara- 
thon conference was for years not perceived, either by the public at large or 
by the political leadership in Bonn. In the interior of Germany far too little 
attention was paid to how important it is for the Federal Republic, as an 
industrial state which depends on foreign trade and does not have enough of its 
own raw materials and energy, to be able economically to exploit the seas re- 
sponsibly but with as much freedom as possible. 

The exploitation of the sea is to be regulated anew from the legal, political, 
economic, ecological and strategic standpoints through the supplementary law 
of the Law of the Sea Convention. It involves the redistribution of the ex- 
ploitation right to 70 percent of the earth's surface. With all its reserves 
of food, energy, and raw materials, the sea is again divided among the commun- 
ity of states. The title "Law of the Sea Convention" does not do justice to 
this global precedent. It is really much more of a world economic convention 
for the seas. In addition to economic and transportation policy, the raw 
materials and technology policies are especially covered, along with security 


and foreign policy. Since security interests are as much at stake as the 
economic interests of the Federal Republic, the Federal Government since the 
beginning of the conference has had to be particularly alert with the partners 
in the alliance lest the naval radius of defense be cut by the convention. 

One question after another has been raised since the work was done in expert 
circles and in the conference hall to develop the narrowly defined law of the 
sea into a comprehensive legal system for navigation, fishing, oceanography, 
environmental protection, and for the deep seabed mining due to begin in the 
middle of the 1990's. Does the German merchant fleet, as an important service 
branch of a strongly export-oriented and import-dependent country, have enough 
space and loading possibilities in international transportation? Will we also 
in the future be supplied with fish at a more or less reasonable price? In 
the future will all states be able jointly to prevent the pollution of the 
sea? Can the successful German tradition of oceanographic research be contin- 
ued? Will it be possible for the Federal Republic, poor in raw materials, to 
utilize the advanced position it has achieved in marine technology to improve 
its supply of industrially important nonferrous metais from the deposits at 
the bottom of the sea? Or is an economically feasible production of these raw 
materials, which lie in potato-sized manganese nodules on the sea bottom, to 
be denied to it? 

To a part of these questions the text of the convention gives more or less 
satisfactory answers. This affects international navigation, which, despite 

a host of possibilities of coastal states to interfere, has been provided ade- 
quate freedom of movement. The new law of the sea would grant free navigation 
even to the navy in all waters outside the zone of sovereignty, which is 
extended from 3 to 12 nautical miles. Corresponding to the right of passage 
for merchant and naval navigation, air traffic is to be given unobstructed 
overflight. For the more than 100 straits in the world, complicated regula- 
tions have been detailed which indubitably confer on ships and cargoes of all 
sorts the right of transit in so-called transit straits. The air space above 
such straits may be overflown by both civilian and military aircraft. 

Along with these regulations in the general law of the sea, which satisfy the 
requirements of the Federal Republic by and large, that part of the convention 
devoted to marine environmental protection can also be judged positively. 
Ships are resolutely prevented from discharging harmful materials and pollu- 
tants into the sea. Environmental violators on the ocean are to be heavily 
fined. The control and prevention methods provided for the protection of the 
sea are, as a whole, without being diverted into perfectionism, so broad that 
they should be rwre effective than the environmental protection on land across 
frontiers. Another advance in the law of the sea is the fact that in cases of 
dispute the international arhitration and legal settlement of disputes will 
gain more binding authority through the new institution of a court of the law 
of the sea. 

The Federal Republic Gets Only a Sliver 

For the Federal Republic these are however the only satisfactory results of 
the Law of the Sea Conference. The Federal Republic experienced its first 
great disappointment already in the early stage of the conference in the 


redivision of the seas; for it gets only a sliver of the fish stocks and of 
the enormous reserves of oil and gas in the sea. The fishing grounds lie 80 

percent and the oil deposits 90 percent within the 200-mile zone, over which 
only the coastal states have the power of disposal. Their jurisdiction is 
extended even beyond the so-called economic zone and onto the continental 
shelf, and “mountain ranges" in the middle of the oceans. The sphere of in- 
fluence of the coastal states is to end finally at a maximum of 350 nautical 

it now depends or the good will of the haves whether German high seas fish- 
eries can go out fishing and maintain the fish supply under economic condi- 
tions. Even German oceanography--the prerequisite for intelligent exploita- 
tion of the s”a--is possible in the economic zones only if the coastal states 
agree. German interests are therefore demonstrably the loser in the embitter- 
ed distribution battle in the Law of the Sea Conference. Even if the inter- 
ests of the Federal Republic in this redistribution conference had been more 
stubbornly and imaginatively defended, the convention would not have looked 
much more favorable under this heading. As a country with a short coastline 
the Federal Republic, like other states in a disadvantageous geographic 
position, could not have been awarded any broad economic zone. The so-called 
long coastline states and countries with islands on the other hand are by 
nature the winners of the law of the sea conference. France is an example. 
Favored by its island colonial possessions, it is awarded 30 times as much 
sea space. A small group of 10 states with a long coastline has a legal grip 
on more than 50 percent of all economic zones. "The states with long coast- 
lines," complains the Schleswig-Holstein economics minister Juergen Westphal, 
“are intolerably favored with their own sea space and their own reserves at 
the expense of the remaining states, while the other countries over the long 
run are cut off from the blessings of the sea." 

Since the coastal states can claim so much space from their shores, the free- 
dom of the seas, as Hugo Grotius, one of the ancestors of the law of the sea 

in the 17th Century appreciated, is lost by a nautical mile. When the Law of 
the Sea Conference distributed sovereignty and exploitation rights too gener- 
ously to the coastal states, it departed far from its original course, which 

was wrapped up in the slogan: The sea is the common inheritance of mankind; 

it belongs to all peoples. Instead it has now been nationalized even beyond 

the traditional three-mile sovereignty zone. On the ocean the greatest land 

grab in world history is taking place. 

The convention of course is only sanctioning a development which had long been 
under way. One country after another began to confiscate sea space off its 
coast and place it under its nationai jurisdiction. There was nothing left 
for the Law of the Sea Conference to do but confirm accomplished facts and 
legally assign to the coastal states what they had already taken for them- 
selves: the economically most valuable and most easily accessible resources 
of the sea. The new law of the sea can only prevent coastal states from con- 
tinuing their confiscations of sea space. An amended convention at least 
justifies the hope, as Federal Foreign Minister Genscher says, that the anar- 
chy which has prevailed for years on world seas will stop. Indisputably 
legal security must be restored and new conflicts headed off. 


On the other hand, buried in the text of the convention itself there is much 
fuel for conflict, which is already being ignited before the results of the 
conference have even received the force of law. Thus there is a basis for war 
over the Falkland Islands in the fact that Great Britain and Argentina both 
want to keep the oil and gas-bearing economic zone around the miserable island. 
The exploitation rights falling to the islands reach as far as the mineral- 
rich Antarctic. The new law of the sea space regime has similarly burdened 

the Aegean with the potential for conflict. Disputes may also result from the 
territorial expansion elsewhere, whether in the Caribbean or in the peripheral 
seas of East Asia. 

After the riches off the coasts were distributed through nationalization, the 
battle for the treasures of the ocean in the rest of the high seas broke out 
in the final phase of the Law of the Sea Conference. While the water space 
will remain open sea, the ores detected in the nodules on the sea bottom, 
whether manganese, nickel, cobalt, or copper, are to be placed by the Law of 
the Sea Conference under the custody of the United Nations. In this titanic 
struggle over future deep sea mining, the stake for the Federal Republic is 
not only the manganese nodules as a welcome reserve of raw material, and not 
only additional export opportunities for German industry with a new technology 
for the mining of the nodules. At the same time the market economy as a basis 
of world economic cooperation is being debated. The majority of the confer- 
ence, led on by the Third World, wants to throw market economics overboard. 
The developing countries insist on state-directed experiments in seabed min- 
ing, although so many of them have in the meantime accumulated bad experiences 
in their own countries with planned economy models. 

Even The Third World Would Do Better With Private Initiative 

The states of the Third World, as has been often demonstrated, develop more 
rapidly if they are oriented toward ‘he market economy at least in the be- 
ginning. They do better with more private and less state initiative. Sea 
mining, as a great asset of international division of labor, would have to be 
carried out with as much private economic initiative as possible. It can pro- 
ceed certainly only within a firm framework of regulations. Within this 
framework the developing countries must have a chance to participate appro- 
priate to the riches of the sea. The basic capital for this sea mining is 
nevertheless to come from supplie'rs of capital the world over, who must re- 
gard the prospect as enticing in order to provide the many billions necessary 
for the economic and technological adventure of deep sea mining. It would be 
a mistake to assume that this new and unusual task in the i-~*+rest of mankind 
can be mastered only by states, organizations of states, and international 
organizations, at least under the domination of state or supranational author- 
ities. Sea mining needs adequate private, entrepreneurial pioneering spirit 
and a sufficiently market oriented organization, not as a matter of ideology, | 
but because it is more effective than all planned economy models. 

The Third World om the other hand has devised a world raw materials bureavu- 
cracy for sea mining. It is to be directed unilaterally by the developing 
countries. Private initiative has only a marginal role in this so-called 
"sea regime." As this regime has been negotiated in the Law of the Sea 


Conference, the developing countries will hardly derive any benefit from it. 
It would at the most help a few states in the traditional production of non- 
ferrous metals. All in all the production of the resou~ces of the oceaa 
would be more hindered than helped. Deep sea bed mining would be delayed and 
made more expensive, and could perhaps even be crippled. 

A series of obstacles have been built into the planned regulation of seabed 
mining: 1. A superbureaucracy, a sea authority of the United Nations would 
necessarily make deep sea mining cumbersome. 2. Private initiative would 
have too little room alongside the sea authority's «wn mining undertaking 
(Enterprise). 3. An economically stable development of the international 
collective enterprise and the private and state mining companies working 
parallel with it would be made impossible through irrelevant political influ- 
ence by the authority. 4. The investment risk, which is extraordinarily high 
in any case, would be even more discouraging through the price and quantity 
regulations of this model. 5. Seabed mining is artificially to be limited 
to take into account mining on dry land. 6. The economic feasibility of deep 
seabed mining will be further jeopardized by the excessively high financial 
fees which are to be paid by the licensees to the sea authority. Up to now 
the demands have been so exorbitant that seabed mining cannot compete with 
mining on dry land. 7. Even the development of modern marine technology 
could not be amortized, since the marine technology industry is to be forced 
to turn over to the seabed authority and interested parties of the Third 
World the most up to date equipment at allegedly commercial, but nevertheless 
on balance unsuitable prices. 

All this involves too much protectionism, bureaucratic high-handedness, legal 
and economic insecurity and political tumult. Completely new forms of state 
economic planning are to be introduced into the world economic system through 
the Law of the Sea Convention. If traditional raw materials production is 

to be protected by preduction limitations in seabed mining against competition 
from new mining areas, in this case on the seabed, it is highly questionable 
economically and politically. One must also reject a new-style compulsory in- 
dustry, which provides for delivery of technology at discount prices. The 
right of ownership in the text ef the convention is grossly disregarded with 
this summons to forced technological transfer. National technical develop- 
ments are to be socialized internationally. Were all this to become reality 
for the first time there would be practiced that new “world economic order" 
which the Third World has been demanding for years at all conferences of the 
United Nations: a comprehensive planned world economy. This “deep sea regime" 
would be, as the Schleswig-Holstein Minister of Economics Westphal says, is an 
historic decision to the extent “that the United Nations would for the first 
time get an organization at its disposal which would receive supranational 
management assignments and with the help of its own mining enterprise would 
also be commercially active--a completely new development.” 

The Federal Government and all parties in the Bunaestag have so far left no 
doubt that they regard such a bureaucratic-planned economy structure--like an 
octopus on seabed mining--as a mistake. Recently all the errors were listed 
in a reply of the Federal Government to a major interpellation of the opposi- 
tion. Nevertheless there are still advisers in Bonn who recommend the 


signature of the convention on three grounds: First, the usable part of the 
law of the sea is so important that the disadvantages in deep seabed mining 
should be taken into the bargain. Secondly the relationship between the in- 
dustrial nations and the developing countries should not be further burdened 
by a crude rejection of the convention. Thirdly the Federal Republic can 
secure a seat and a voice, and hence influence in the preparatory commission, 
which makes important prior decisions for future sea mining. 

These viewpoints are certain to be taken into account when the arguments for 
or against accession to the convention are soon to be weighed in Bonn. But 
in this regard the possibilities of changing the system in the preparatory 
commission must be considered slight; for the ccwmission, like the plenum of 
the Law of the Sea Conference, has a majority ot the developing countries, so 
that the Federal Republic and other industrial states disillusioned over the 
sea regime have practically no influence in it. 

The West Cannot Overlook Reagan's Rejection 

The key question in the decision on the convention must be: Can Bonn place 
its signature on a draft treaty which the government and parliament consider 
unacceptable in essential passages? The American President is logical on this 
point. He does not sign what he considers to be false. The Federal Govern- 
ment cannot ignore this clear No, since it fully shares Reagan's opinion on 
deep seabed mining. Bonn must adjust itself to the idea likewise of not sign- 
ing the convention. Nevertheless there is much in the meantime to discuss 
with the Western partners, which “at the highest level" and even at the eummit 
have altogether neglected or forgotten the Law of the Sea Conference. 

The West should try once again to make a sincere attempt to arrive at a common 
approach to the question of the seabed mining, and at the same time consult 
with a Third World on reasonable compromise solutions in intensified contacts. 
The Third World must be made aware that the Convention on the Law of the Sea 
will become waste paper if other industrial nations join the United States, the 
greatest oceanic and industrial power, in refusing to sign. 

CSO: 5200/2123 END 



Nyy 22-FR |