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Selden Redivivus—Towards a Partition of the Seas?

Published online by Cambridge University Press:  28 March 2017

Wolfgang Friedmann
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Extract

The General Assembly Resolution of December 17, 1970,1 has been widely acclaimed for its affirmation of the principles that

Type
Research Article
Information
American Journal of International Law , Volume 65 , Issue 5 , October 1971 , pp. 757 - 770
Copyright
Copyright © American Society of International Law 1971

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References

1 U.N. Doc. A/Res/2749 (XXV); 10 Int. Legal Materials 220 (1971).

2 9 Int. Legal Materials 1046 (1970); summarized in 65 A.J.I.L. 179 (1971).

3 For the purpose of these Articles, the term ‘continental shelf’ is used as referring (a) to the seabed and subsoil of the submarine areas adjacent to the coast but outside the area of the territorial sea, to a depth of 200 metres or, beyond that limit, to where the depth of the superjacent waters admits of the exploitation of the natural resources of the said areas; …” 15 U.S. Treaties 471, T.I.A.S., No. 5578, 499 U.N.T.S. 311; 52 A.J.I.L. 858 (1958).

4 Henkin, “International Law and ‘the Interests': the Law of the Seabed,” 63 A.J.I.L. 504 (1969); Finlay, “The Outer Limit of the Continental Shelf. A Rejoinder to Professor Louis Henkin,” 64 ibid.42 (1970); Henkin, “A Reply to Mr. Finlay,” 64 ibid.62.

5 U.N. Doc. A/AC.138/22 (1970); 62 Department of State Bulletin 737 (1970); 64 A.J.I.L. 930 (1970); 9 Int. Legal Materials 806 (1970).

6 Report by the Special Subcommittee on Outer Continental Shelf to the Senate Committee on Interior and Insular Affairs, 91st Cong., 2d Sess. (Committee Print, 1970).

7 Ibid,at 29-30. 8 Ibid at 32

8 a.see below p.762

9 Friedmann, The Future of the Oceans 79 et seq.(1971). See also Henkin, “Seabed Pact Would Help U. S.,” Washington Post, Aug. 8, 1971.

10 The estimates of Frank LaQue, “Deep Ocean Mining: Prospects and Anticipated Short-Term Benefits,” in Pacem in Maribus 22 (Conference sponsored by the Center for the Study of Democratic Institutions, June, 1970); F. T. Christy, Jr., “Marigenous Metals, Wealth, Regimes and Factors of Decision,” in Symposium on the International Regime of the Sea-bed, Accademia Nazionale dei Lincei (Rome, 1970); and the report of the Commission on Marine Science, Engineering and Resources essentially concur in the conclusion that, with few exceptions, there is little likelihood of exploitation of the deep ocean minerals on a commercial scale for many years to come.

11 J. Andrassy, International Law and the Resources of the Sea 169-174 (1970).

12 Henkin, L., “International Law and ‘the Interests': The Law of the Seabed,” 63 A.J.I.L. 504 (1969);Google Scholar “A Reply to Mr. Finlay,” 64 ibid.62 (1970).

13 See B. H. Oxman, “The World Outlook for the International Law of the Sea,“ Statement before the Marine Technology Society, Feb. 19, 1971, at 3-4 (unpublished paper).

14 “The Limits of Continental Shelf Jurisdiction,” 18 Int. and Comp. Law Q. 819 (1969).

15 North Sea Continental Shelf Cases, [1969] I.C.J. Rep. 1 at 22, excerpted in 63 A.J.I.L. 591 at 602 (1969) and 8 Int. Legal Materials 340 at 347 (1969).

16 Plateau Continental et Droit International (1955).

17 4 Whiteman, Digest of International Law 1089 (1965).

18 The dismal story of the depletion of marine life includes the virtual extinction of the blue whale and the humpback whale, for which the Soviet and Japanese whaling fleets are mainly responsible; the practices of the world-wide Soviet and Japanese trawler fleets, which fish just outside the territorial sea limits of coastal states, such as Canada and, after having exhausted supplies, move to another area; the intensive exploitation of tuna and shrimp by U.S. fishing fleets close to Latin American coasts; the gradual destruction of Atlantic salmon breeding grounds by the practice of Danish fishermen in catching the salmon just before they spawn; the practice of European Community trawlers—which are permitted to fish inside the territorial waters of the member states—in scooping up flat fish wholesale by mechanical shoveling techniques from the bottom, a practice that has greatly increased British opposition to entry into the Common Market; and many other signs of the short-sighted rapaciousness of modern industrialized nations regardless of political ideology.

19 6 4 A.J.I.L. 1021 (1970); 9 Int. Legal Materials 1081 (1970).

20 Decree Law No. 68459, Brazil, Official Gazette, April 2, 1971.

21 Art. 35.

22 Art. 54.

23 Art. 58.

23 a For a summary of the proceedings of the July-August meeting, and the text of the documents, see 10 Int. Legal Materials 973-1012 (Sept., 1971).

24 Ms. statement at 21. See also his remarks at the 1971 annual meeting of the Am. Soc. of Int. Law, 65 A.J.I.L. (September) 117 (1971).

25 Arctic Waters Pollution Act, 18 & 19 Eliz. 2, c. 47 (1970); Amendment to the Territorial Sea and Fishing Zones Act, 18 & 19 Eliz. 2, c. 68 (1970); Amendment to the Canada Shipping Act, 19 & 20 Eliz. 2, c. 27 (1971); see also 9 Int. Legal Materials 543 (1970).

26 The Future of the Oceans, Chs. 7 and 8 (1971).