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United Nations Third Conference on the Law of the Sea: Documents from the Ninth Session (July 28 - August 29, 1980)*

Published online by Cambridge University Press:  04 April 2017

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Type
Treaties and Agreements
Information
International Legal Materials , Volume 19 , Issue 5 , September 1980 , pp. 1129 - 1295
Copyright
Copyright © American Society of International Law 1984

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Footnotes

*

[The Explanatory Memorandum by the President of the Conference is reproduced from U.N.. Document A/CONF.62/WP.10/Rev.3/Add.1 of August 28, 1980. The Draft Convention on the Law of the Sea, at I.L.M. page 1131, is reproduced from U.N. Document A/CONF.62/WP.10/Rev.3 of August 27, 1980. The corrections contained in U.N. Document A/CONF.62/WP.10/Rev.3/ Corr. l of August 29, 1980, have been incorporated in the text.

[ Earlier drafts, dated July 15, 1977, and April 28, 1979, appear respectivelyat 16 I.L.M. 1099 (1977) and 18 I.L.M. 686 (1979).]

References

1/ Official Records of the Third United Nations Conference on the Law of the Sea, volume X (United Nations Sales No. E.79.V.4).

1/ The question of the location in this Convention of the definition ofthe median or equidistance line as included in article 74, paragraph 4, of the ICHT/Rev.l, could be left for consideration in the Drafting Committee. Article 74 paragraph 4, of the ICNT/Rev.l reads as follows:

“For the purposes of this Convention, ‘median or equidistance line’ meansthe line every point of which is equidistant from the nearest points ofthe baselines from which the breadth of the territorial sea of each Stateis measured.”

3/ The Conference decided that at an appropriate time the Conference will begiven an opportunity to express its preference among the candidatures of Jamaica, Malta and Fiji by means of a vote unless the Conference decides otherwise.

6/ The terms “geographically disadvantaged States” and “States with specialgeographic characteristics” (used in article 70), should be harmonized by theConference.

1/ The second sentence of this article was referred by the President to theChairman of the First Committee who replied on 13 August I960 requesting that “there be no modifications in the text pending further negotiations concerning Article l6l”.

2/ This paragraph will have to be considered in light of further work on thePreparatory Commission.

3/ This article is based on the assumption that the Convention will be adoptedby consensus. In addition, it is recognized that the article can be regarded only as provisional pending the conclusion of discussions on outstanding substantive issues such as that relating to the delimitation of maritime zones as between adjacent and opposite States and to settlement of disputes thereon, where the final solution might include provision for reservations.

1/ Bermuda, Portugal and Yugoslavia have proposed that the seat on the Tribunal be located in their countries.