Sea-bed commission concerned at claims incompatible with Law of Sea Treaty.

Sea-Bed Commission concerned at claims incompatible with Law of Sea Treaty

Expressing "deep concern' that some States had taken actions "which undermine' the Law of the Sea Treaty, the Preparatory Commission for the International Sea-Bed Authority and the International Tribunal for the Law of the Sea adopted a declaration at the conclusion of its four-week session (12 August-4 September, Geneva) rejecting the claim of the United States for exploration of parts of the international sea-bed.

It said it regarded as "wholly illegal' any "such claim, agreement or action as a basis for creating legal rights' in the international sea-bed.

In adopting the declaration without a vote, the Commission stated that any "claim, agreement or action regarding the sea-bed area and its resources, which is incompatible with the United Nations Convention on the Law of the Sea shall not be recognized.'

Commission Chairman Joseph Warioba (United Republic of Tanzania) said it was his understanding that the declaration had commanded a "large majority in the preparatory commission'. He noted, however, that a number of delegations while appreciating the preoccupations of that majority, could not support the declaration because of their concerns about some aspects of the substance and the effect of the text.

The declaration, submitted by Pakistan on behalf of the Group of 77, had noted a letter from the Soviet Union, which stated it regarded as "illegal' the licence granted by the United States for exploring parts of the international sea-bed area.

"The Soviet enterprise Yuzhmor-geologiya has received a letter from the Ocean Mining Associates consortium which states that the National Oceanic and Atmospheric Administration of the U.S. Department of Commerce on 29 August 1984 issued the consortium a licence for exploration in part of the international sea-bed area of the Pacific Ocean', the letter stated.

"This licence grants the consortium "exclusive rights' to manganese nodules in the sea-bed area identified in the licence and priority in respect of other sea-bed resources', the Soviet letter added.

The Commission also agreed to allow further consultations to resolve the overlapping claims of "pioneer investors' (countries or consortia that have already begun exploration, research or development related to sea-bed minerals mining).

Chairman Warioba requested more time for "intensive consultations' to resolve the question of overlapping claims before the Commission's next session, to be held from 17 March to 11 April, 1986 in Kingston, Jamaica. Once the issue was resolved, he said, the Commission could then discuss rules on registering pioneer investors.

A timetable for the consultations had already been agreed to among the principal pioneer investors, Mr. Warioba said. If agreement was not reached early in the March 1986 session, he would ask the Preparatory Commission to take appropriate action.

Special Commissions: The Preparatory Commission, through its four Special Commissions, continued work on: procedural rules of the Assembly and International Sea-Bed Authority; ways to alleviate problems that sea-bed mineral production might pose for developing countries whose economies are dependent on land-based production of minerals; the establishment of the Enterprise (the sea-bed mining company of the Authority); the draft mining code; and the rules of procedure of the International Tribunal for the Law of the Sea.

Special Commission I on land-based producer States, chaired by Hasjim Djalal (Indonesia), reported on problems that would be encountered by land-based producer States most likely to be affected by the production of minerals from the deep sea-bed. Mr. Djalal said the Special Commission would in the future have to study in depth existing measures, programmes and activities of international and multilateral organizations in order to assess their suitability for assisting land-based producer States.

In this regard, two studies had been suggested--one on influences that various factors (population, per capita income, geographical location) might have on the dependence of developing countries on one or more of the four minerals involved in sea-bed mining, another to examine the role of the mineral sectors in the economies of developing land-based producer States.

The report of Special Commission II on the Enterprise examined the assumptions on which a deep sea-bed mining operation by the Enterprise could be based. Commission II agreed that the first option to be studied for an Enterprise operation would be that of a sole operator of a fully-integrated project.

Lennox Ballah (Trinidad and Tobago), Commission II Chairman, said many delegations believed that a joint venture, to minimize risk, might be a more likely option for the Enterprise's first mining project. He also noted that Commission II would continue to investigate the prospects for short- and medium-term metal prices and markets; the Enterprise's access to markets and the costs of its marketing efforts; the availability of a processing plant; and management training for Enterprise staff by pioneer investors.

(The Preparatory Commission hopes that by requiring pioneer investor training of Enterprise management, the Enterprise will be competitive with mining States and consortia also involved in mining the deep sea-bed.)

Noting that Commission II's work was closely related to the registration of pioneer investors, Mr. Ballah urged the Preparatory Commission to "proceed with all due haste' to register pioneer investors and to complete the rules on their registration.

Resolution II of the Third United Nations Law of the Sea Conference requires that States applying for "pioneer investor' status ensure that none of the areas for which they are applying overlap and that no subsequent submissions overlap previously allocated areas.

In response to the concerns of a number of Western industrialized States whose consortia had already begun to explore the possibilities of mining sea-bed minerals, the Law of the Sea Conference set up a special regime to ensure States and private business consortia that, as "pioneer investors', they would receive sea-bed mining contracts from the Authority.

Thus far, France, India, Japan and the Soviet Union have applied for registration as pioneer investors. Overlaps exist between the application areas of Japan and the Soviet Union and between those of the Soviet Union and France, all of which are in the north-east Pacific Ocean. In India's case, there is no overlap.

"While it was possible to resolve the conflict between Japan and the Soviet Union, the overlap between France and the Soviet Union has created practical problems for the two countries', Commission II reported.

Special Commission III on the mining code examined and discussed the preparation of rules and regulations for exploration and exploitation of the deep sea-bed. The body, chaired by Hans Sondaal (Netherlands), considered draft regulations on procedures for State notification to the Sea-Bed Authority of intention to engage in prospecting; application for approval of plans for exploration and exploitation of sea-bed resources; and consideration of applications, approval of plans of work and execution of contracts.

Gunter Goerner (German Democratic Republic), Chairman of Special Commission IV on the Law of the Sea Tribunal, noted that the Secretariat continued to gather information on the establishment of international courts and tribunals. He added that fully functional facilities did not depend on the construction of permanent buildings.

Special Commission IV also examined the Tribunal's rules of procedure and discussed the provisions of the Convention relating to the prompt release of vessels and crews, a matter of concern to shipping nations and coastal States.

The Preparatory Commission is mandated to establish rules and regulations for the Sea-Bed Authority and the International Tribunal--the two major institutions to be established once the Convention on the Law of the Sea enters into force. So far, the Convention has been ratified by 21 States and Namibia. Sixty ratifications or accessions are needed before the Convention enters into force.

Photo: Manganese nodules: the riches of the sea