The Conference about the new law of the Sea,
which opened in 1973, is going to meet for the 11th time,
very soon. The 9th session, in Geneva, in August 1980,
had achieved a compromise which mundialists could but
applaud, so it seemed, for they could witness one step
forward towards one of the Supranational
Institutions they have been so strongly wishing for
and this for several decades. But, last spring, Americans
seemed extremely doubtful.
What is the exact position ?
A) WATER - what seems settled is that
the seas, except for inland waters will remain divided in
four zones. The first three ones are placed under
sovereignty, within a limit of exercise progressively
extended.
1st and 2nd) in the coastal waters and the contiguous
area, the sovereignty of the coastal state is recognized,
respectively as far as 12 and 24 nautical miles away from
the coasts - included the coasts of islands and
archipelagos. Nevertheless, this sovereignty will suffer
a few restrictions for conservation of non-renewable
resources and protection against pollutions. On the other
hand, the coastal State cannot obstruct, the free
(peaceful) navigation of other states, a well known
rule.
3rd) a third area, a now one, called an economic
exclusion zone, but already widely used as such, extends
to 200 miles the rights of the coastal State to explore
and exploit the resources of the sea. The coastal State,
as the owner, must preserve the living resources and see
to their maximum utilization, with access being given to
other States. Compensation will be paid to States having
owned exploitations and to the developing, neighboring
countries.
4th) the open sea, traditionally, is considered as
free, for any utilization, within the limits decided by
the Conventions and general international law.
B) SEABED - The rules of the seabed and
underground, in the new projects, are separated into two
different kinds of proposals, with totally different
goals.
On one side, the ownership of coastal sovereignty,
with the use of the continental plateau is strengthened
by admitting a continental margin which can be larger
than the economic zone.
On the other side, the only project to be discussed at
the 11th session includes about sixty articles concerning
the organization of a zone whose natural, mineral
resources will be the common heritage of humanity.
An international organization called the Enterprise
will be entitled to organize the exploitation of the
resources of the zone. It will be placed under an
INTERNATIONAL AUTORITY in charge of distributing
the benefits provided by the Common Heritage ; it will
sponsor research and fight pollution.
We can immediately see what criticism mundialists will
voice :
1) They protest against the domination of coastal
imperialism which reduces the space of freedom in the
seas and favors the countries that, with the system of
island and archipelago zones, can enlarge their realms
much more than in the past, in an enormous way.
2) They wish that in compensation the parallel system
of the Enterprise, established with so much difficulty
during the negotiations of the Conference, in competition
with the private enterprises, be adopted and
implemented.
The unexpected replacement of the American delegation,
just before the last phase of the Conference, by the new
Administration, might mean, in that field, a possible
backing position.
Mundialists will remain skeptical and attentive,
determined to call on public opinion. The AUTHORITY is
the proof of the surging of a new world order for the law
of the Sea. Are we near the time when we can applaud the
birth of a World Institution with limited, but effective
powers ?
