The UN Conference on the Law of the Sea —
| Author | Helge Vindenes |
| Published date | 01 March 1974 |
| Date | 01 March 1974 |
| DOI | http://doi.org/10.1177/001083677400900111 |
| Subject Matter | Articles |
The
UN
Conference
on
the
Law
of
the
Sea —
the
Basic
Problems
from
a
Norwegian
Point
of
View
HELGE
VINDENES
The
article
gives
a
survey
of
the
basic
problems
which
will
be
before
the
forthcoming
UN
Conference
on
the
Law
of
the
Sea -
as
seen
from
a
Norwegian
point
of
view.
In
examining
the
interrelationship
between
these
problems,
the
author
arrives
at
the
con-
clusion
that
the
only
feasible
solution
would
be
a
’package
deal’
covering
all
the
main
issues.
The
juxtaposition
of
priorities
of
the
various
interest
groups
at
the
Conference -
a
majority
of
coastal
states
for
whom
the
rights
to
the
resources
in
an
area
adjacent
to
the
territorial
sea
is
the
most
burning
issue,
and
a
minority
of
maritime
powers
for
whom
the
question
of
freedom
of
navigation
is
more
important -
indicates
the
nature
of
the
possible
overall
compromise
solution.
Such
a
solution
would,
it
seems,
have
to
consist
of
a
package
deal
which
must
reconcile
and
accommodate,
the
interests
of
maritime
freedom
on
the
one
hand
with
on
the
other
hand,
the
increasing
need
for
management
powers,
both
for
the
coastal
state
and
for
international
regulatory
bodies.
The
main
elements
of
such
a
package
would
probably
have
to
be
the
following:
Firstly,
a
territorial
sea
limited
to
a
maximum
distance
of
twelve
nautical
miles
from
the
baselines
along
the
coast.
There
is
already
with
the
exception
of
a
few
Latin-Amer-
ican
countries,
broad
agreement
that
a
territorial
sea
limited
to
twelve
nautical
miles
should
constitute
one
of
the
main
elements
in
the
solution.
Secondly,
guaranteed
rights
of
passage
inside
the
territorial
sea,
including
a
special
right
of
free
or
unimpeded
passage
through
straits
used
for
international
navigation.
Thirdly,
extensive
resource
management
rights
for
the
coastal
state
in
an
adjacent
area
outside
the
territorial
sea.
In
this
adjacent
area,
which
would
be
called
the
eco-
nomic
zone
and
which
would
extend
to
a
maximum
of
200
nautical
miles,
the
juris-
diction
of
the
coastal
state
would
be
limited
to
matters
pertaining
to
the
exploitation
of
the
area’s
natural
resources -
both
its
seabed
resources
and
its
fisheries
resources.
The
coastal
state
would
also
have
certain
well-defined
rights
in
the
zone
where
mea-
sures
to
combat
pollution
are
concerned,
and
the
right
to
regulate
scientific
research.
There
would
be
freedom
of
navigation
inside
the
zone.
In
addition
to
an
overall
package
solution
along
the
lines
mentioned
above,
the
new
con-
vention
will
have
to
establish
a
legal
regime
for
the
exploitation
of
the
natural
resour-
ces
on
the
seabed
and
ocean
floor
in
areas
outside
national
jurisdiction.
It
will
also
have
to
establish
an
international
organization
for
the
implementation
of
this
legal
regime.
The
author
emphasizes
the
need
for
equipping
the
international
organization
with
broad
regulatory
powers,
in
accordance
with
the
basic
approach
taken
by
the
UN
General
Assembly
in
1970,
when
declaring
the
international
seabed
area
as
’the
common
heritage
of
mankind’.
The
UN
Conference
on
the
Law
of
the
Sea
held
its
opening
session
in
New
York
from
3-14
December
19 i 3.
This
opening
session
was
limited
to
organizational
prob-
lems,
and
the
main
substantive
session
is
scheduled
for
the
period
20
June
to
29
August
1974
in
Caracas,
Venezuela.
The
possibility
of
further
sessions
is
envisaged
in
the
appropriate
UN
General
Assembly
resolution
in
the
matter,
and
it
seems
realistic
to
expect
that
one
such
additional
session -
in
Vienna
in
1975 -
will
prove
necessary.
The
purpose
of
this
article
is
to
give
a
brief
survey
of
the
basic
problems
which
will
be
before
the
Conference -
as
seen
from
a
Norwegian
point
of
view -
and
to
examine
the
interconnection
between
these
problems.
Before
dealing
with
the
subject
matter
of
the
Conference,
it
may,
however,
be
useful
to
take
a
brief
look
at
some
aspects
of
its
background.
I
am
thinking
in
particular
of
three
aspects:
Firstly,
the
question
of
the
content
of
current
inter-
national
law
of
the
sea;
secondly,
the
pre-
vious
attempts
which
have
been
made
at
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