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529

THE DEEP RESOURCES

John D. Lewis

INTRODUCTION mination of the control of these re­ sources. This paper examines the deep The and floors have seabeds and ocean floors beyond the recently been thrust into the interna­ Continental Shelf and inquires into the tional arena by a Maltese proposal that state of oceanology, with regard to the the United Nations assume jurisdiction exploration and exploitation of these over this new frontier. l The proposal resources. It aims thus to provide a basis made in 1967 by the Maltese Represen­ for evaluating between political, mili­ tative included a second requirement: tary, and economic factors, including an that the resources to be found on the examination of the legal arrangements and subsoil should be reserved I.!-ppIicable to the regulation of these for all mankind. Suddenly, nations, even those com­ interactions as well as of those com­ pletely landlocked, could see the pos­ bined effects upon future military and sible benefits of such a proposal. The political planning for the United States. mere statement of this proposal also revived some longstanding questions I--THE SEA ENVIRONMENT about "freedom of the " and rnili­ Man has only charted 5 percent of tary use of oceanic arcas. As well, it thc ocean floorl--even though there is highlighted somc ncwer problems, Stich no known point more than 7 rniles as the economic exploitation of the below the surface of the sea--while in seabed and ocean subsoils and the deter- outer space he has successfully mapped 530 and charted the hidden side of the with much greaLrr topographic ex­ moon. True, this land is covered by tons tremes. Although there are large areas of water and often described as a hostile that are , modern echo-sounding no-man's-land. Several years ago Rear Lechniques and underwaLcr photography Adm. John S. Thach, speaking of the reveal deep troughs, major hydrospace environment of this planet, moun Lain chains, and tall, isolated described it realistically: with both steep and gentle ... right off our doorsteps is a rela­ slopes. According to one geologist, tively unexplored jungle; whole moul1- ahout 80 percent of the consist tain ranges, deep canyons, and many of hroad elevations and depressions at strange creatures are hidden there depths of 3,000 to 6,000 meters.4 The beneath millions of eubie miles of sea areas formerly described as "plains" are water. This liquid space, about which we know so little, is a murky mass of getting gradually smaller on charls of discontinuities, full of ducts, the ocean, as more and more detail , and thermal layers. Most in­ becomes known.s The ocean basins are credible of all is the noise racketing 2 separated by long ranges such through the undersea jungle. as the Mid-Atlantic Ridge which runs Of this three-dimensional ocean space, the entire length of the . only the surface and a small portion of In places the mountaintops rise to form the top layer have been used until , while in othet locations sea­ recently_ Today, the seabed and subsoil mounts are the predominant feature. of the deep ocean floor are being The Pacific Ocean contains thousands of assaulted as the last frontier on this which rise from the seabed planet. With respect to the distribution several kilometers. In some locations of this ocean space, the Continental lavers cover the ocean floor to Shelf Convention defined the limit of depths of 700 to 1,000 meters. The the Continental Shelf as being out to sediment consists of and remains of the 200-meter depth line. The limit, sea creatures that have drifted to the however, was made an elastic one, for bottom of the sea over the past millions the Convention added: or, beyond that of years. Close to the these limit, to where the depth of the super­ , or mud deposits, accumu­ jacent waters admits of the exploitation lated from large drainage systems. 3 of resources. The boundary between In deeper water the dominant sedimcnts the Continental Shelf and the deep consist of oozes and clays with various ocean is a transitional area called the chemical compositions.6 This cover continental slope. From the shoreline could mask many irregularities to pro­ out to where the continental slope duce the often described flat surface of begins, the ocean is shallow; but once the seabed. In other areas of the ocean, the continental slope is reached, the sea for instance between Tahiti and Mexico, floor plunges downward to 2,000 the sediment is nonexistent.' The thick­ meters, 3,300 or even 7,000 meters. The ness of the 's crust on the ocean continental slope is really the boundary floor is only about 3Y2 miles as com­ or wall enclosing the deep ocean. Many pared with 12 to 32 milcs on land. This geologists describe -the Continental Shelf difference has enticed scientists to look as part of the land with the continental to the sea as a quicker way to reach the slope as the of the deep ocean. It earth's mantle. is the deep ocean, covering 65 percent A knowledge of the deep ocean of the earth's surface, that is the pri­ environment is essential to the under­ mary concern in this papcr. sLanding of the problems concerning the The relief features of the ocean economic, political, or military signifi­ floors are similar to those found on land cance of this area of the globe. It is 531

wholly unlike any other part of the , cilher constructed or globe and is marked by one special under construction. Several countries feature: its dynamic nature. have built and used submersibles in· c1uding Great Brilain, France, Hussia. II··EXPLORATION OF THE Switzerland, Canada, and the United The methods used to explore the States. Of this number, 20 arc con· deep ocean floors and subsoil are as structed to operate below 330 meters diverse as its terrain. In a sense it is a and four down to 3,800 meters, the revolution of ocean technology: first, in mean depth of the sea, below which 44 adapting man and machinery to the percent of the seabed lies.4 These fairly easy tasks of the Continental submersibles are versatile platforms con· Shelf; and second, extending this ability taining positioning equipment, search· into the abysses of the deep seas. lights, remote control mechanical arms, Since World War II there has been an television monitoring cameras, , awakening of active interest in the and even computers. Speed is sacrificed exploration of the sea. Before then the for endurance and three·dimensional primitive techniques of studying the manoeuverability. At present, sustained deep ocean floor consisted of sounding operations are limited to depths above by lead and line and bollom floor 200 meters, but by the year 2000 sampling. This method was used to increased sophistication in ocean tech· survey the ocean floor for the first nology could make the ocean floors at Atlantic cable laying in 1866.1 In 1960 6,000 meters accessible to industrial s was still reaching for operations. The second group, explora. the bottom, though the methods were tion by remote unmanned methods, more sophisticated; Professor Piccard's includes robots, television and camera, deep probing , for instance, sonar survey, coring, gravity and mag· reached the ocean's deepest point.2 The netic variation surveys. Until manned feasibility of man descending deeper submersibles reach the depth desired for into the sea was realized in 1957 by sustained deep ocean survey work, these applying the simple lessons learned from remote systems will continue to be aircraft construction practices. The key relied upon. Many systems are used in was to utilize structural materials with both applications, such as television higher ratios of strength to density and monitoring of both the interior of the to design submersibles to such high and the ocean floor itself. precision that a low factor of safety was Sonar is an indispensable tool for navi· tolerable.3 gation and survey aboard the submer­ No single item did more to further sibles. Sonar not only serves to define the exploration of the deep sea than the the irregular surfaces of the ocean floor echo sounder; invented in 1911 by the but also to identify stratification be­ American physicist Reginald Fessenden, tween the surface and the basement its usc has resulted in extensive charting rock. Determination of the sediment of the ocean floor. layers and the structure of the deep The methods for exploring the deep ocean rock beds is possible from these oceans and subsoils fall in two distinct surveys. Thus seismic sections can be groups: manned vehicles and unmanned, constructed identifying the crustal remotely directed vehicles and instru· material as well as their thicknesses.6 ments. In thc first group, the military The seismic survey of the suhsoil uses submarine has bCI'n joined by dozens of the refraction method rather than the submersibles employing techniques ordinary echo-sounder method used to learned from their l11ilitary forerunners. measure the depth of the sea. In the By 1967 there were some 29 research refraction method, the time that sound 532

Fig. 1-Depth Capabilities of Research Subrnersiblosa Seabed areas, as a percentage of the earth's surface are shown on the bar graph at the left edge. Curve represents percentage of earth's surface, on abscissa, above the depth indicated on the ordinate. o

2,000 DEEP QUEST PISCES DSRV

C/) ffi 4,000 I-w ::E z 6,000 II J: l­e.. w C 8,000

TRIESTE I ARCHIMEDE

10,000 o 10 20 30 40 50 60 70 80 90 PERCENTAGE OF THE EARTH'S SURFACE

aJohn Bardach, Harvest of the Sea (New York: Harper & Row, 1968), p. 85. waves take in passing from one medium accurate positioning of surface ships and into another is a function of the speed floating platforms is a complex en­ of sound through these various layers of gineering operation in deep water re­ material. This method provides fairly quiring detailed knowledge of the sub­ detailed information about the upper soil for the construction of permanent layers beneath the ocean floor.? Varia­ anchorages on the ocean floor. Core tions in the gravity anomalies are small samples have been obtained by drilling over most of the earth but provide a into the sea floor from platforms means of studying the topographic fea­ anchored in as much as 1,470 meters of tures of the deep sea. These surveys help water. 9 Core samples in the Red Sea to identify the edge of the oceanic have enabled scientists to identify segments of the earth's crust. Magnetic minerals such as gold, silver, zinc, and 1 field studies have also been a means of copper worth billions of dollars. 0 exploring the relative movement of the There are coring devices for obtaining landmasses and the resulting change in samples or rock layers when the ma­ the ocean floor. 8 terial cannot be penetrated by pneu­ Another method of exploration is matic or vibratory corers. Impact-type direct sampling by means of coring the corers can obtain samples in relatively subsoil to determine the material in the shallow depths of 30 to 60 meters sediment and rock layers beneath the below the floor. Deeper samples are at sea floor. The purpose in sampling the present only possible with extremely sea floor and subsoil is to detcrmine the expensive procedures as used during -bearing capabilities of the ma­ Project Mohole in attempls to reach lhe terial in order to design deep sea struc­ inner layers of lhe earlh's crust. 11 tures that will not sink or displace when These techniques use rotary drilling and, erected on the seabed. In addition, although similar to land-drilling opera- 533 Lions, rCI)uire fairly accurate positioning some determination of the uvailable cquipment to enablc the ship or plat­ resources. The resources considered here form to remain over the designatcd spot are those whieh are limited to the ocean on the occan floor. floor and subsoil and which hold some Inclircct visual survcy by photo­ chance of becoming economically ex­ graphie equipment has become an im­ ploituble. Although this discussion cen­ portant tool in ocean exploration. Like ters on the'economie resources and the everything connected with deep ocean exploitation of these resources, both work, the eamcra system is complicated military and political interests arc also by light, water , positioning involved, notably the possible inter­ requirements, and water prcssure. The ference of sea traffic with installations camera systems in use today can best be both on and below the surface of the described as self-contained stereo, sea and the need to ~olice and protect undcrwater camera assemblies, accu­ these sea installations. rately positioned above the bottom by The resources of the oceans can be sonar, provided with a high power light neatly divided into three categories: source, and automatic-recorded compass 1. Biological and animals that hearings on each frame in order to live in the water. provide picture orientation; each ele­ 2, Chemical materials that are dis­ ment requiring not only remote control solved in the water itself. reliability but pressurized to withstand 3. Geological minerals that occur on depths of 6,000 meters and below, with or beneath the seabed. sea water just above freez­ The biological significance of the ing. waters of the deep sea is in its rich The techniques available for deep supply of nutrient elements. Originating ocean exploration have been sum­ from the sediments, nutrient-rich water marized. To date, exploration has been is supplied to the shallower layers by limited in two respects: first, by the the normal circulation of the oceans. In immense area of the deep ocean floor, the surface layers, --the and second, by the enormous lack of beginning of the ocean's life cyele­ knowledge on adapting both man and begins; later, dead orgunisms settle to machines to this hostile environment. the deeper water to again form--through There are engineering firms working bacterial action-nutrient elements, and on ocean projects without an adequate the cyele is completed? Studies have knowledge of the sea environment; indicated that nutrient--rich deep waters building wave-measuring devices, for can be artificially forced to the surface instance, that have been destroyed in through the to increase the one day by the waves they were to food cycle in areas of depleted food measurc. Before exploitation of the supplies. The costs are estimated as deep ocean rcsources becomes a reality, extremely high.3 Chemical resources of greatly expanded cngineering programs the water generally do not vary in depth for the exploration of the deep seabed sufficiently to warrant exploitation of will be necessary. deep sea water rather than shallow III--THE RESOURCES OF THE DEEP layers, One exception to this has been SEA AND THEIR EXPLOITATION reported in the Red Sea where bottom waters show larger of Surfuce and submarine exploration buse metals such as zinc, copper, and has provided ample indication of poten­ other miner:lls that could conceivably tially exploitable resources in the deep be economically exploited in the future. ocean. Although limited, sufficient A method of extracting high purity knowledge has been gained to provide uranium from sea water has been re- 534 ported in Great Britain; this is eon­ have heen made on the Continental sidered significant even though the cost Shelves of over ~O countries; for ex­ is 520 per pound, versus $5 for the ample, about two-thirds of the current Canadian-produced U308.4 Only a few offshore production comes from Lake of the 60 known ehemical elements in l\laraeaibo in Venezuela, the Persian sea water have been commercially ex­ , and the . In 19()B tracted; these include magnesium, bro­ the amount of oil taken from the sea mine, salt, and fresh water. There is increased to 16 percent of the world's however, no reason to move offshore production, while 6 percent of the for the exploitation of these resourees. world's natural gas production came from offshore wells. 8 Investigation of Geological Minerals. The geological the Continental Shelf is still continuing deposits are of two types, minerals with as yet very meager knowledge formed in the bedrock' of the subsoil available of the geological deposits in and surfacial deposits on the sea floor the deeper waters of the contincntal itself. The experiences gained in the slope and continental rises. The petro­ exploration and exploitation of the leum potential beyond the Continental more readily accessible resources of the Shelf is virtually unknown. However, Continental Shelf will be important. In from known geological requirements for one sense the transition from the Conti­ petroleum, the deep areas of the conti­ nental Shelf to the deep sea will only nental slope seem favorable for petro­ come as a result of sucecsses on the leum accumulation.9 Cooperative Continental Shelf and continental slope. projects between petroleum companies Mineral Deposits within the Bedrock. have included reconnaissance and drill­ These deposits include the identical ing in the Atlantic and Gulf as geological formations found on the con­ deep as 1,500 meters. To encourage tinents and are generally restricted to initiation of petroleum exploitation and the Continental Shelf and continental investment in offshore resources, the slope. They include the metallic min­ U.S. Coast and Geodetic Survey is in the erals found in vein deposits and those process of extending the geological and embedded in sediment rock such as oil, geophysical mapping to the continental 1 gas, sulfur, and . Other subsurface margins. 0 deposits are bedded salts, potash, iron There are over 250 drilling barges orcs, and various metallic minerals in now operating in the sea, throughout 5 veins. A::; these minerals are likely to he the world, drawing oil from the subsoil. found only in the top layer of the The latest technical breakthrough is an earth's crust, their existence beyond the electronic system to position floating continental margins is doubtful. How­ platforms over the drilling well and ever, traces of oil and sulfur have been maintain their position by sensing the reported as deep as 1,830 meters.6 slightest deviations. Position is main­ Beyond the continental slope certain tained by reference to acoustic beacons minerals such as chromite, platinum, set on the sea floor nearby which nickel, and cobalt, which are associated transmit to hydrophones in the hull. 11 with the lower magmatic rock, can be One technical breakthrough that will expected. Pure chromite has recently assist in exploiting oil in deep water is been discovered by oceanographers of 7 the unmanned removable package for the Soviet Union in the Indian Oeean. the subsea well. The removable wellhead Petroleum Resourees. The numher of package is replaced by a suhmersible offshore petroleum discoveries is grow­ serviee vessel operating at depths below ing every year. Important discoveries the operational depths for divers. The 535 system is scheduled for testin¥ in the nickel, and cohalt. The chemical compo­ this year, 1969.1 In the sition of the nodules varies greatly from early 1950's a floating platform was onc dcposit to the next. Deposits have considered unsteady for drilling pur­ heen reported in the Pacific, Atlantic, poses; however, tests proved it could he and Indian (keans at dcpths of frolll done even when the Ilrilling ship listcd BOO to 6,HOO metcrs. As a result of morc than 20 dcgrecs. Later versions prcliminary surveys, thc amount of were built to withstand 65-miles-per­ mangancse nodules in the sea is con­ hour winds and 28-foot waves and allow sidercd enormous.16 Altliough manga­ drilling in hundreds of meters of water. ncse nodules have bcen known to exist It has now become common to drill in on the sea floor since 1876, the extent over 100 meters of water.13 In 1968 of their distribution has only recently World Oil prcdictcd that rigs would be been verified. ablc to drill to 5,000 mcters in water The nodules are a unique mineral dcpths of 500 metcrs. 14 The problems, form in that they continue to grow by howcver, are formidable. The factors chemical reaction involving manganese that make operation and construction in in the sea water reacting with dissolved deep watcr unique are: in the water. The manganese 1. Platform motion. precipitates out as manganese dioxide 2. High and low tempera­ on any solid object such as grains of turcs cncountcrcd at great depths. or even a shark's tooth. The 3. Relative difficulty of locating and nodules grow from a fraction of an maintaining position. ounce to the size of boulders and at a 4. Thick deposits of deep ocean sedi­ rate estimated at one·tenth of a milli­ 1 ments that provide little or no founda­ meter per 1,000 years. 7 British ocean­ tion.bearing capacity. ographers have recovered one boulder 5. Biological factors, such as marine from the Philippine Trough weighing horcrs, perforating lead sheaths of 1,770 pounds. cahles at depths of over a milc. Photographs of the deep ocean floors 6. Lowcring and raising hcavy loads show large concentrations on the plains through hundreds of meters of water. 15 of the deep ocean floor even at depths helow 4,000 meters. One study by Surfacial Deposits on the Deep Sea Scripps Institute has shown that ocean Floor. The recovery of minerals from deposits of manganese nodules can ex­ the seabeds such as tin, gold, and tend over several thousand square kilo­ diamonds is a well-known mining opera­ meters. Russian oceanographers have tion in the scas. These minerals occur also been working on the distribution exclusively on the Continental Shelf in and of manganese nod­ gcnerally shallow water, where alluvial ules throughout the central Pacific wash from the has deposited Ocean.1S Estimates of the tonnage of them. Two important deposits of min­ manganese nodules available on the sedi­ erals occur beyond the Continental ment crust of the Pacific Ocean vary' 12 Shelf; these arc the manganese nodules from 1.66 x 10 metric tons to 1011 and the phosphorite deposits. The de­ metric tons. It is interesting to note that posits are significant in that they are the at the rate of one-tenth of a millimeter first deep ocean minerals found outside per 1,000 years, nodules are forming at the exclusive rights of any coastal state. 6 6 the rate of 6 x 10 to 10 X 10 metric Manganese. The manganese nodules tons per year in the Pacific Ocean alone, contain, in addition to about 30 percent a rate three times greater than the manganese, certain significant quantities present world consumption of manga­ of other mctals such as iron, copper, nese. Cobalt is also forming at a rate 536 twice the present consumption and phorite, an imporlant agricultural fertili­ nickel at a rate equal to the present zer, on the ocean's seabeds. Two-thirds consumption.l 9 of the world's production is mined in The importance of thc mangancsc Florida, Tunif;ia, Alp;eria, and Moroc(~o, nodules is due to thc prescncc of cop­ with only ()ight nations (indnding tlw pcr, cohalt, nickcl, and mangancsc (sce Soviet Union) controlling ovcr IJU p(~r­ I). Industry is giving manganese cent of the world's rescrves. Countries nodules considerable attention from the such as Japan, Great Britain, Germany, standpoint of both mining and process­ and import large quantities of ing techniques. From initial studies, the phosphorite. Although land-mining cost of the investment to bring a deep costs are low, high transportation costs sea mining operation, plus the asso­ double the lrice of the delivered phos­ ciated onshore processing facilities, into phate rock. 2 The first examples found production is from $30 million to $300 in the ocean were dredged up in 1873 million.20 This naturally raises the ques­ by the H.M.S. Challenger. Since 1960 tion of consumer demands. In this there has been extensive exploration connection, the production of nickel and prospecting off the California coast. has been below the level of demand There is however, at present, no com­ since 1964, and free world industrial mercial production of phosphorite from requirements are expected to double by offshore beds. Unlike manganese, phos­ 1975.21 With respect to manganese, phorite occurs, in addition to nodules, there appear to be adequate supplies in sand, mud, and roadlike pavements available; however, its sparse distribu­ on the sea floor. tion on land involves political and eco­ Phosphorite deposits result from the nomic considerations that make oceanic movement of rich phosphorite-bearing sources of some attraction. cold waters moving to shallow warmer Cobalt resources on 'land also exhibit waters where the phosphorite is then a limited distribution. Over 80 percent precipitated as nodules, flat slabs, or of the free wo'rld cobalt resources comes coatings on rocks. Deposits are more from African nations: Congo(K) with common at depths of 37 to 370 meters, 77 percent, Morocco with 13 percent, although formations have been found at and Zambia with 10 percent. Copper 3,800 meters alonS the base of the resources are perhaps better distributed continental slope.2 The size of the throughout the world with 28 percent nodules varies from small to concentrated in developing nations of rocklike nodules 80 centimeters in Africa. diameter. The most favorable areas Phosphorite. Less publicized than presently known, on the California and manganese is the occurrence of phos- Mexican , do not have sufficiently

TABLE I-ELEMENTS IN MANGANESE NODULES, PACIFIC OCEANa

Percentage by Weight Element Maximum Minimum Average Manganese 41.1 8.2 24.2 Iron 26,6 2.4 14.0 Copper 1.6 0.028 0.53 Cobalt 2.3 0.014 0.35 Nickel 2.0 0.16 0.99

aJohn L. Mero, The Mineral Resources of the Sea (New York: Elsevier, 1965), p. 180. 537 high- nodular phosphorite to com­ riding. The rlsmg nationalism in the pete with even the low-grade land developing areas of the world could product.24 Phosphorite nodules are also cause unforeseen changes in the political found along the Atlantic coast of North alignment of these nations. The prospec­ Amcrica, the coasts of , tive movcmcnt of oil cxploration into Africa, and the Indian Occan. Othcr deep water is most ccrtainly influenced locations throughout the world have by the unsettled conditions and possible been reported by Soviet occanographers changes in the alliances in the Middle working on phosphorite exploration. As East Arab world and elsewhere. the highest concentrations of phos­ The exploitation of mineral resources phorite are distributed throughout the of manganese and phosphorite will world on the Continental Shelves, it depend on several factors: appears less likely that deposits in 1. The engineering design and devel­ deeper water will be exploited. opment of the means to recover the Summary. Although offshore oil and minerals. Even though the nodules of gas production was virtually nonexistent manganese and phosphorite lie exposed before 1948, by 1967 worldwide pro­ on the seabed, harvesting techniques at duction of oil from offshore wells rose depths of thousands of meters in the to II percent and by 1968 to 16 open ocean have not been developed. percent. Within IS years it is estimated None of the methods of dredging com­ that over 25 percent of the world's monly used in shallow water are com­ petroleum may come from the subsoil pletely satisfactory for deep ocean min­ of the sea, and as the need for petro­ ing. Platforms for continuous work on leum products increases, industry will the sea floor lack stability and safety for move in the only direction possible, the open sea conditions. Submarine and deeper ocean. bottom habitats are still not advanced Although oil and gas exploitation is enough to be considered feasible. How­ presently limited to depths of about ever, systems for dredging, lifting, and 200 meters, there are clear indications transporting manganese nodules have of no technical limitation to prevent been designed; and components are operations in much deeper water. The being tested. Initial investment is high final report to the United Nations Eco­ and will depend upon considerations of nomic and Social Council concluded investment protection in an unknown that: legal regime. There is no reason to doubt that 2. Nodules of manganese are com­ substantial mineral deposits await de­ plex and metallurgically an unfamiliar velopment in the oeean environment beyond the continental shelf ..•• Cur­ matrix of chemicals. Existing separation rent technology, developing with great methods do not lend themselves to the ingenuity, is already capable of lo­ more complex manganese nodules. Re­ cating and evaluating many of these search and development work on a new deposits .... Because of the relatively high exploration costs and the vastly extraction method is being tested and greater outlay on exploitation, opera­ shows promise; though, ironically, such tions in the ocean environment can a breakthrough would also bring vast only be contemplated by the very quantities of low-grade ores on land into largest organizations in a -few indus­ 2 competition with sea resources. 6 trialized countries and will not be undertaken without reasonable expec­ 3. The physical distribution of man­ tation of economic development.2 5 ganese nodules with varying chemical Although cost may be a determining composition will allow selection of the factor, there are changing political con­ sea arca for the desired proportion of siderations that could be far more over- minerals. At present the distribution 538 patterns arc not well established, re­ diction exists; tlw (;cneva Convcntion quiring greatly expanded oeeano:-''Tnphic provides only n st:lrting point for its mappin~. devrlopnH:n L. 4. The effect on Ihl' worlll pri(,l's of Two dislind :;iluations arisl' (:on­ minerals of a successful breakthrough in cl'rning jurisllil:Lion in Ihe 11('1:1' Sl'U: engineering and lIletalluq.,ry is not diffi­ first, those operntions for l:X ploiting cult to envisage. Large quantities of mineral resources that progress from the manganese thrown on the world market shore to the Continental Shelf and could cause the price to drop. This is continue to follow the mineral resources also true for cobalt and nickel. Because out onto the continental slope and to the world land resources are generally the deep ocean floor and subsoil; and concentrated in developing countries, second, the exploitation of resources this reduction could be particularly that have no connection with the conti­ harmful. The distribution of land re­ nental margin but have been formed and sources and the political alignment of deposited in the deep ocean. nations possessing these resources might Jurisdiction on the Territorial Sea, require the have-not nations to proceed Contiguous Zone, and Continental with exploitation of certain strategic Shelf. Though it is universally agreed minerals, even though not economically that states do enjoy special rights to feasible. arens of the sea and senhed adj:ll:ent to Economically important minerals their coasts, the precise nature and have been discovered on the leep sea­ extent of these rights is a continuously beds beyond the jurisdiction of the disputed matter. The Conventions on coastal states. The next question is: the adopted by the Who has title to these resources? In United Nations Conference at Geneva in order to obtain beneficial utilization, 1958 concerned not only the Conven­ control appears inevitable but involves tion on the Continental Shelf but also complex questions on the principle of Conventions on the Territorial Sea and , freedom of the seas. To avoid contro­ the Contiguous Zone and the Conven­ versy, congestion, and waste, an equi­ tion on the High Seas. 1 table law regarding jurisdiction in the deep sea will be necessary. The width of the territorial sea is the first disputed issue. Instead of the once IV-JURISDICTION IN THE DEEP SEA almost common agreement on the "3-mile limit," states now prescribe The implication of the preceding widths varying from 3 to as much as chapters is that the future will be 200 miles. The Convention at Geneva marked by a movement from the Conti­ did not specify what the width of the nental Shelf into the ocean depths. territorial sea should be but only pro­ Consequently, questions of jurisdiction vided the rules for establishing the are eerL,in to follow exploration and limits. A large number of states now exploitation. As long as the movement specify a 12-mile width for their terri­ is confined to waters adjacel1t to the torial sea; however, the United States, Continental Shelf, exclusive jurisdiction Great Britain, and others continue to is somewhat ambiguously covered by affirm the 3·mile limit. A contiguous the Geneva Convention of 1958. Petro­ zone, generally 12 miles wide and thus leum and potential phosphorite extTac­ overlapping thl: territorial seas, is a tion thlls fall wilhin Ihe Sl'ope of Ihe ~I)(~dnl 1.0ne n:l:oglli1.ing the ('oaslal Convention al Ilw pn~s('111 limc'. Bul, for ~laLc: 's righLs 10 l'xC'rl'i~l: c'c"Itrnl in the lleCp on'an floor, when: lIIangalll'se lIIaLl(~rs of custom, fiscal, immigrlltion, and rclated minerals lie, no agreed juris- and sanitary regulations. 539

The Continental Shelf represents a the said areas; (h) to the sea bed and subsoil of similOiT submarine areas ad­ special zone within which coastal states 4 under international law possess certain jacent to thc coasts of islands. regulating rights. The unilateral procla­ The drafters of thc Convcntion spc­ mation by President Truman in 1945 cifically rejected the concept of COIll­ was the first action to recognize a state's plete sovcreignty in this arca becausc of special rights to offshore resources of the fcar that it might encourage a the subsoil and seabed of the Conti­ coastal state to claim exclusive control nental Shelf. The proclamation stated: of the high seas above the Continental ..... the Govcrnment of the Unitcd Shclf and so run counter to the concept States regards the natural resources of of the freedom of the seas as spclled out the subsoil and the seabed of the Conti­ by the Convention on the High Seas. nental Shelf beneath the high seas but The intention was to provide legal pro­ contiguous to the coasts of the United tection without restrictions on free States as appertaining to the United movement on the surface of the sea. States, subject to its jurisdiction and Although the Convention provides that control. ,,2 The proclamation added: the waters above the Continental Shelf "The character as high seas of the are high seas, coastal states have, in fact, waters above the Continental Shelf and extended application of their laws to the right to their free and unimpeded the seas over the Continental Shelf. The navigation are in no way thus af­ tendency has been to expand the ex­ fectcd."J Within a few years thereafter, clusive sovereignty for other than min­ several states issued similar proclama­ eral rights and thus further reduce the tions. This addition to the laws of the area of freedom to others. The Soviet sea should come as no surprise, for Union opposed proposals by some states traditionally such "laws" have followed to apply the regime of the high seas to thc cxpression of states' self-interest and the Continental shelf as a "struggle by the course of technical advances in the states for appropriation of submerged use of ocean resources. areas of the high seas" leading to the Moving along the Continental Shelf, strongest capitalist powers acquiring the additional divisions arc delineated such riches of the Continental Shelf. as the continental slope and rise, both But in 1968, by edict, the Soviet of which describe the gcographic condi­ Union expandcd the definition of the tions on the sea floor. These arc transi­ Continental Shelf of the 1958 Conven­ tional zones between the and tion with the addition that, "the sea bed the deep sea plain and within which and subsoil of depressions situated in some dividing linc or boundary should the continental shelf of the U.S.S.R. cxist to divide the seabed pertaining to irrespective of their depth, shall be part the continent from the deep seabed. of the continental shelf of the The drafters of the 1958 Geneva Con­ U.S.S.R. ,,5 The edict further prohibits vention on the Continental Shelf ac­ individuals and companies from carrying tually selected 200 meters (109.4 fa­ out research, exploration, and exploita­ thoms) as the limiting boundary and tion of natural resources and other work described it as follows: on the Continental Shelf of the Soviet The tcrm continental shelf is used as Union.6 In October 1968 the Soviet referring (a) to the sea bed and subsoil Union, Poland, and East Germany of the submarine areas adjacent to the signed a joint declaration on the Conti­ coast but outside the arca of territorial :;ca, to a depth of 200 ml!lers, or nental Shelf. They declared: beyond that limit, to wherc tlJ(~ depth First, the continental shelf of the of the superjaccnt watcrs admits of the UalLie should be used 'exclusively for exploitation of the natural rcsourer.s of peaceful purposes.' 540 Second, although it is specified that Hneate the geological limits of potcntial the exploration, exploitation, or other mineral resources. The definition in­ uses of the continental shelf of the Baltic must not unjustifiably interfere cludes non-Continental Shelf seabed and with navigation, fishing, or conserva­ excludcs portions of a coastal state's tion of living resources of the sea, no real Continental Shelf. The second por­ reference is made in this connection to tion of the definition, the "elastic fundamental oceanographic or other capabilities clause," allows the state to scientific research. extend its limits to that which it can Third, the participants agree not to essentially reach. This heavily favors give over parcels of the continental shelf of the Bal tic to non-Baltic states nations that are highly industrialized or or to citizens or firms of those states that are willing to subsidize offshore for the purpose of exploration, exploi­ mining. The Soviet jurists have argued tation, or other uses. 7 [Emphasis that the outward boundary of a coastal added] state should not depend upon the tech­ Communist China in 1958 declared nical capability of that state but, rather, that China's territorial sea extended to upon the capabilities of all states, i.e., 12 nautical miles.8 In 1958, although those of the most technologically ad­ not participating in the Geneva Conven­ vanced state simultaneously expand the tion, Communist China issued a semi­ outer limits of the Continental Shelf for official expression of freedom of the all states as it develops its own shelf at high seas in the Peking press. ever-greater dcpths.13 The United The high seas are that part of the States has, in fact, issued leases beyond ocean or sea the use of which is shared the 200-meter depth, nor has it refused by all nations. On the high seas ships to lease beyond the 200-meter depth on and nationals of all states are free to grounds of nonjurisdiction of the na­ navigate, to fish, to hunt, and to tion.14 engage in other maritime enterprises as well as to lay submarine cables. The If there is to be some order to principle of the freedom of the high regulate the development of the deep seas has been recognized by interna­ seabed and subsoil, some more realistic tionallaw for all nations. 9 definition of the freedom of the seas is Communist China has, however, de­ required. It is, however, difficult to see clared certain areas of the high seas how to retain the freedom of the seas as along the coast as "military security a medium for passage yet provide legal areas.,,10 Communist China has also protection for the development of the taken unilateral action to protect fisher­ sea's resources. One author describes ies in areas of the high seas and has this changing attitude: further declared a contiguous zone for The implication is that freedom of enforcing customs out to 15 miles. 11 the seas cannot be conceived of as It appears that the elastic definition being static, especially since increasing intensity and sophistication of ocean of where the jurisdiction of the state exploitation require legal arrangements ends will result in conflicting claims. beyond the traditional understanding The United States, in some instances, of this concept. An evolving concept of has extended application of its laws to freedom of the seas does not imply the Continental Shelf, i.e_, to treat it as that more suitable versions must reflect 1 narrow conceptions of our national a contiguous zone. 2 Indonesia and the interests. The problem is to adapt the Philippines have made efforts to estab­ principle of freedom to the general lish a single zone of interest rather than to any exclusive around the entire that con­ interest of our own.! S stitues their national territory. The The development of a legal regime 200-metcr line of the 1958 Convention for the Continental Shelf, imperfect as is no geological limit, nor does it de- it is, was a big step forward. To develop 541

an elluivnlent legal regime for the deep mccts the boundarics of other na­ ocean would, in e()llIparison, he a gigan­ tions.19 Thus, without further law, the tic al:eomplishment. Possihle regimes for seabed would bl: dividl:d alllong the this purpose arc disclIsscd below, with coastal states. To those who view ocean their implications for developed and resources as a legacy of all mankind, developing countries. which is essentially implicit in the Mal­ tese proposal to the United Nations Regime One. This would derive from General Assembly in 1967, this the possihility of using an existing inter­ is unacceptable. Developing nations, in national agreement, the Convention on particular, view the resources of the sea the Continental Shelf. This provides as common to all and not opcn only to that practices for the Continental Shelf the technologically advanccd nations. could be extendcd "beyond that limit, to where the depth of the superjacent As far as oil and gas, and even water admits of exploitation of the phosphorite, are concerned, the simple natural resources of the said area.,,16 extension of the provisions of the 1958 Although this clause provides a means Convention would be possible, with of following the resourccs out to decp some extensions beyond the 200-meter water, the exploitahility clause was limit. However, with respect to manga­ added principally to provide those coun­ nese and its component minerals, this tries without a Continental Shelf, such regime would most likely result in no as Peru and , "equal treatment" control since it fails to provide a legal with more fortunate states. The idea environment for exploitation with some was that if a coastal state achieved the guarantee of exclusive rights to the ea pability to exploit beyond the ex p loiter. Politically, this solution 200-meter boundary, no renegotiation appears most favorable to the more of the convention would be neces­ industrialized nations and less to the sary.17 developing nations, with no favor for the noneoastal states. The Soviet Union This extension would generally would certainly oppose this attempt to assume that, for all practical and eco­ divide up the ocean, as it would result in nomic purposes, mineral exploitation an unequal distribution of the resources. would be sufficiently close to the coast­ al state, that the Convention would Perhaps the greatest disadvantage is that apply. "The key phrase in this connec­ under this regime the extension of the tion is the reference in Article 1 to coastal states' jurisdiction beyond the 'submarine areas adjacent to the coast.' Continental Shelf would pose difficult While 'adjacency' is not specifically de­ questions about the freedom of the seas. fined, it undoubtedly conveys a notion Regime Two. This would consider of limitation which cannot be recon­ the minerals on the floor of the deep ciled with indefinite extension into the ocean as common property of mankind, great oceans.,,1 8 This is the develop­ hut would recognize that states must ment that appears most likely for the have exclusive mining rights to areas near future and is favored by those who sufficiently large to be economically say that no new law is required until the mined. By charging fees, indirectly all extent of the resources are better de­ nations of the world would benefit. The fined. Opposing views are that the time Convention on the Continental Shelf for new law is before the need arises. would require modification to limit the OIH' pcrtinl'nt view is that if the jurisllic­ boundary of the Continental Shelf and tion of the eom;tal statl: continlll's to thc to cnsure that nl} nation has auy claim limit of technology, a boundary is de­ beyond that limit. The proponents of fined somewhcre in midocean where it this regime see it as a preventive mea- 542 sure to forestall a race to dividc lip the jurisdiction would clearly deprive de­ seabed.2o Senator Claiborne Pell has vcloping states of any acccss to the proposed that the United States take resources of the dcep sea undcr this steps to obtain international aweelllent type of legal rcgimc. that would declare the floor of the deep Regime Four. A rcgime in which the sea and the resources of the seabed and property of the seabed would be con­ subsoil, beyond the Continental Shelf, sidered world communal property and as free for exploration and exploitation not subject to the jurisdiction of any of all nations. I1is proposal included one state can be visualized. Resourccs setting a boundary for the Continental are open to exploration and cxploita­ Shelf and ensuring that no nation obtain tion by all nations. Such a legal systcm sovereignty beyond that boundary.21 is similar to an open-range policy. The An appropriate international body exploiting state would operate under a would be established to administer and national £lag as provided under the distribute exclusive mining rights. Such convention on the High Seas.24 a body could be the United Nations. Two problems are usually associated The international community has with such an unregulated legal regime. established a framework to dctermine The first concerns the possibility of the character of a regime that could be exhausting the resourccs if no con­ supported by all nations. The Ad Iloc straints arc provided, unless the re­ Committee formed hy the Unitcd Na­ sources arc incxhaustiblc; while the tions General Assembly had as its initial second involves the desire by the person task a survey dealing with the mineral mining for some reasonable opportunity resources and the food resources exclud­ to recover his investment without inter­ ing fish.22 Their report has been com­ ference. Even if the resources arc vast, pleted, but as yet no proposal for a legal competition will result; for there still regime has been sponsored by the remains the fact that some claims are United Nations. Considerations af­ bound to be better than others, if not fecting such a regime are discussed in just closer to markets.25 The "£lag chapter V. state" of the exploiter would assume Regime Three. This would treat the police protection and insure noninter­ seabed and subsoil as the property of no ference under the rules of international one and thus subject to appropriation law. by any state. But for a state to declare Regime Five. Finally, there is a pos­ sovereignty over an area traditionally sible regime which combines two of the requires occupation which, in the case above and envisions the rcgistTY of of the deep seabeds is at present not claims with an international body, in clearly conceived. Although actual oc­ conjunction with a system of "£lag cupation is not an ironclad requirement, state" jurisdiction.26 This alternative mere proclamation would not substan­ retains the best advantages of the free­ tiate a suitable claim. Two difficulties dom of the seas aspect of Regime Four are pointed out by Dr. Emery, famed and provides some degree of control to oceanographer at Woods Hole Institute. restrict the possibility of unwarranted Not only is it uncertain what types of "grab" for all the resources. The inter­ activities would be sufficient to consti­ national agent could develop a code of tute effective occupation on the seabcd, mining regulations, including the sizc but the physical characteristics of the and mJlount of safety zone required for seabcd makc it difficult to establish thc each claim. 2 boundaries of an area c1aimed. 3 The Summary. Possible for ex­ lack of any technical ability to establish isting and future regimcs of the sea 543 range from a completely open sea, for interests of devdoped and developing all to use as they desire, to a fully states may lead to conclusions concern­ controlled internationalized sea. The ing the most acceptable regime. Impor­ choice of a regime will depend ulti­ tant national interests are at stake, for mately on how the majority of the ecomonically advanced states are no world nations view their own roles in more willing to place control of the sea the sea. Many of these nations are resources in the hands of an interna­ unable to even verify what they have tional organization than are the de­ heard or read concerning the «riches of veloping nations to agree to a status of the sea." It is not surprising, then, that no regulation. The meeting point, or agreement on a regime for the deep agreement if there is to be one, will seabed and subsoil is not forthcoming. depend upon how each faction views its But the law of the sea is changing; needs. Developing nations desire much and somehow questions of the rights of needed revenue; while for developed coastal and noncoastal states wiII need nations, security and freedom to exploit clarification, the extent of the Conti­ are paramount. nental Shelf will need to be defined, the It is not difficult to see how interest freedom of scientific research ensured, and motivation in the seabed and sub­ military uses controlled, and a deter­ soil are generated, with published mination made of how ultimately to phrases expounding: potential of in­ exploit the resources and for whose crcdible wealth, ocean's fabulous min­ benefit. The proponents of a quick erals, a treasure chest, bountiful crops, solution are opposed by those who and inexhaustible resources. Nations suggest the necessity to learn first what with nothing see their chance to reap a is there before attempting to control it; harvest from the seas, in spite of Secre­ the latter arId that no solution is better tary General Thant's caution to such than a hasty one based upon limited countries against hope of quick wealth knowledge. The U.N. report on the from mineral deposits or untapped food resources of the sea suggested that there resources on the sea bottom.2 was a need for further scientific and One study estimates that in 20 years, technological research on the seabed 70 percent of the world's consumption and added, «Present-day assessmcnt of nickel, copper, cobalt, and manga­ indicates that at a chart scale of ncse will be supplied by the ocean. If 1:1,000,000 only 15-20 percent of the unsupervised, the study notes, there sea area is adequately covered by bathy­ would be disastrous effects upon de­ metric data. ,,21 veloping nations, many of which depend on the currcnt high prices of raw ma­ V-NATIONAL INTERESTS terials for their existence.3 According to The development of a legal regime another estimate, world market prices for the seabed and subsoil may develop could be affected by a single producer on a case-by-case hasis, with precedcnts mining oceanic manganese, to the ex­ provided upon which to build further tent of a drop from 90 cents per unit to international law of the sea. Professor 50 cents; cobalt prices from $1.50 per McDougal has said: "The development pound to $1; and nickel from 70 cents of the resources of the seas will not take to 60 cents a pound. Similar action by place in a vacuum, but rather under the two or three producers would have a laws of the particullir stlltes which are greater effect.4 And therein lies one of doing the exploiting.,,1 In the end, the main stumhling hlocks to interna­ national interests will determine the tional control. Clearly, if exploitation of type of legal regime for the deep seabed; these new resources proceeds as favor­ thus an examination of the national ably and as fast as seems likely, it will 544 considerably rearrange industrial and oil revenues, which account for more trading patterns in the world, increase than one-third of the GNP and 80 the power of certain fortunate states percent of all government revenues and and, by the same token, reduce the 90 percent of foreign exchange re­ advantages now held by certain develop­ ceipts.s ing nations supplying strategic minerals. From the point of view of the African nations, for instance, provide a advanced countries, on the other hand, considerable portion of the world's foreign resources are often withdrawn mineral production. Table II lists only by expropriation or for other political those minerals that are included in the reasons. In Peru, where the United resources of the sea. States has millions invested in one of TABLE II-AFRICAN NATIONS' the world's largest copper operations, a PERCENT OF WORLD SUPPLY recent change in government has en­ OF CERTAIN MINERALsa dangered American investments in both petroleum and eopper.6 The result is a Mineral Percent of World Supply desire by private investment to ohillin minerals from less politically affeetcd Cobalt 81 sources, and the sea offers an attractive Chromite 50 50 alternative. Manganese Even before the pace of progress in Copper 26 Phosphate Rock 28 developing science and technology allows assault on the dcep scaheds and subsoil, there may be an effect upon a"African Mineral Production," World Business, April 1968, p. 22. prices of land resources. The current prices of minerals can he affected by These figures, although important, technological advances which bring deep are only a part of the story. What is sea resources within reach, resulting in more relevant is the degree to which the downward trend of mineral prices these African countries depend upon even before new exploitation takes minerals for their very existence. Table place. Atomic energy had a direct effect III indicates the percent of exports that upon prices long before it were attributed to minerals in 1966. became commercially available. The ef­ fect could even be reversed: for in­ TABLE III-AFRICAN NATIONS' MINERALS AS A PERCENT OF EXPORTSa stance, one headline recently read: "Big U.S. government and industrial invest­ ment in underwater research is threat­ Country Percent Mineral ened by Maltese proposal that UN be Libya 98 Petroleum given control of ocean floor--and the Mauretania 95 Iron wealth of its minerals.,,7 Zambia 93 Copper, Cobalt Other proposals stir the self-interests Congo (K) 80 Copper, Cobalt of developing nations: Liberia 70 Iron Gabon 54 Manganese The Maltese proposal that an inter­ Algeria 50 Petroleum national body having jurisdiction over the sea floor could gross $5 billion and Morocco 36 Phosphate, Cobalt net $4 billion annually within a decade Ghana 25 Manganese from licenses and royalties has become a stumbling block in the attitude of the a"African Mineral Production," World Declaration of Santiago countries, Business, April 1968, p. 23. represented on the Ad Hoc Committee by Argentina, Brazil, Chile, Ecuador, Another example is Saudi Arabia EI Salvador and Peru, all of whom whose economy is vitally dependent on claim all the sea bed and over-lying 545

watcrs out to 200 miles from their Interests of Developed Nations- The coastlines. Thc Italians have also eom­ interests of the devcloped nations of the pIka ted further the problem by pro­ world in a legal regime are far more posing to UN that 'internal seas' (such as the Adriatic) be left to till! hordering complicatcd mHI diverse, including countries to decide among thcmsdvl!s security on a glohal basis, worldwide the arran~ements for exploration and trade which includes frcedom of the 8 exploitation of mineral resources. seas, aid to and development of other During the debate on the Maltese pro­ nations, use of nuclear power, industrial posal at the 22d General Assembly, the needs for minerals, scientific research, Governments of Afghanistan, China, exploration and exploitation as a chal­ Cyprus, Ghana, India, Libya, Nigeria, lenge. Sierra Leone, Somalia, Trinidad and Tobago, and the UAR emphasized that Security. Both the United States and future exploitation of the ocean should the Soviet Union have urged that the primarily benefit the developing eoun­ question of controlling the emplace­ tTies. 9 The need to protect the interests ment of weapons of mass destruction on of the smaller nations is often voiced, the sea floor beyond the limits of the but a less restrictive view is that any present territorial waters be negotiated regime which threatens or leads to the in the Geneva Arms Control Confer­ unilateral division of the spoils must be ence. A measure barring the use of rejected. nuclear weapons on ocean floors would, they suggest, be a logical sequel to the Interests of Developing Nations_ treaties that have already banned these There are three major identifiable in­ weapons from the and terests which developing nations have in 1 space. 0 However, military research in common: the deep oceans is directed toward a 1. Obtain economic gain through a multitude of national defense systems. "share-the-resources" scheme which A recent article lists items such as falls within the overall desire to narrow undersea facilities for purposes of fuel the division between the have and have­ caches, supply depots, refueling sta­ not nations. tions, submarine repair facilities, and 11 The costs of exploration and exploi­ nuclear weapons shelters. The Navy's tation are beyond the resources of Director of Research and Development, developing nations. Their only hope of Robert A. Frosch, commented on how economic gain would be through leases some people, " ... frequently look to of "their property rights" or through an the improvement of the underdeveloped international ownership and the distri­ nations. Potential benefits of such pro­ bution of gains to developing countries. posals must be weighed against the implications to the United States se­ 2. Protect the price level of raw curity of vesting even informal control materials essential to many developing of the sea bed in an international nations' economy. This requires control organization.,,12 Adm. David L. of exploitation through an international McDonald put it more strongly when he organization which could stabilize the emphasized two things to protect the prices of minerals. national interest of the United States: 3. Acquisition of new territory, in " ... we must maintain an invulnerable lhis case seabed and subsoil, is a means strategic , to ensure that our deter­ by which the leaders of the developing rence is effective; and we must make countries focus attention on rising certain that the United States is the nationalism, often plagued by tribal, nation that enjoys the benefits of prior religious, and ethnic differences. presence and continued use in the ocean 546

· ,,13 areas 0 f greatest Importance to us. the economic and military strength of President Johnson stated still another the United States would suffcr.lS As national interest in an address in July the needs of the developing nations 1966: increase. the demand for minerals by ... under no circumstances, w(' he· both the United States and other na­ lieve. must we evcr allow the prospects tions for the type of goods in which of rich harvcst and mineral wealth to American industry excels, such as heavy create a new form of colonial competi· machinery, trucks, and washing ma­ tion among maritime nations. We must be careful to avoid a race to grab and chines, will increase the need for scarce hold the lands under the high seas. We minerals. These same developing nations must ensure that the deep seas and the will, in time, require the usc of their ocean bottoms are, and remain, the own resources for home industries. legacy of all human beings.14 As a result of the exchange program World Trade. The U.S. interests in with the Soviet Union during 1964, world trade rest heavily on the freedom Soviet scientific and technical work in of the seas. Any legal regime that limits oceanographics became known. Actual the ability of the United States to carry Soviet exploration offshore has been out its commitments throughout the largely confined to oil production in the world would not be considered in this Caspian Sea. However, experts consider country's interest. With the increased the Continental Shelf of the seas con­ worldwide involvement of the Soviet tiguous to the Soviet Union to have maritime fleets, a similar interest must excellent oil and other mineral poten­ also be considered for the Soviet Union. tial. In the last 15 years the Soviet Both countries have political interests in Union has increased its efforts in ocean­ foreign aid and assistance in nation ographic work, their expeditions and building to present a strong basis for a research teams aboard almost 200 ships legal regime that would not inhibit the arc on all the world's oceans. Although free and unrestricted usc of the world more extensively involved in fishing oceans. With the increased use of nu­ research, Soviet cartography is con­ clear-powered ships, any international sidered of high quality, and underwater regulation limiting their use would be seismic exploration and earth's core viewed hy several leading nations as sampling on the ocean floor have been unpopular, yet there am nations in the carried out. The Soviets have formed world that have voiced their fear of research expeditions for exploring the nuclear contamination. rcsources of the Atlantic and Pacific Oceans anI) have recently commenced a Industrial Need for Minerals. With joint research program on deep sca only 6 percent of the world's popula­ marine resources in the Mediterranean tion, the United States produces nearly 16 50 percent of the world's goods. Al­ with Franee. The general Soviet in­ though the United States has an eco­ terests in a legal regime for the explora­ nomic stake in preserving the freedom of tion of the deep ocean floors have not developing nations, the United States is been made explicit; however, either also dependent on other nations, es­ through competitive need or economic pecially those developing nations from requirements, the Soviet Union will which certain vital resources are ob­ most likely continue to pursue a widen­ tained. As an example, the United ing interest in the oceans and a specific States must import ] 00 percent of its interest in the deep seabeds and sub­ tin, 95 pcn:ent of manganese, 97 per· soils. cent of nickcl, and 813 percent of cobalt. Scientific Research. Exploration and If imports such as these were cut off, Exploitation as a Challenge. Dr. Julius 547

A. Strallon, Chairman of the Commis­ tion in the dcep ocean is possible and sion on Marine Science, Engineering and could be economically feasible. Al­ Resourccs, after almost 2 years of though technological advances in ocean­ study, reported: ology have made mining possible, it has How fully and wisely the United also created an international dilemma Stales uses the sea in the decades ahead that threatens the traditional concept of will affect profoundly its security, its freedom of the seas. The limitless seas economy, its ability to meet increased are perhaps already becoming restricted. demand for food and raw r:laterials, its position and influence in the world There are ominous warnings by scien­ community and the quality of the tists that man's unrestricted use of the environment in which its people live. 1 7 oceans as a dump for nuclear waste, industrial by-products, and oil and The report indicated that the growth chemical pollution could eventually of scientific understanding of the world result in making the sea, and thus the oceans will not he accomplished quickly earth itself, uninhabitable. The eco­ or easily and estimated that by 1980 an nomic, political, and military short­ annual operating hudget of $2 billion range requirements must be adjusted to would be needed. The forecast visu­ fit the present, very limited knowledge alized a total expenditure of $8 hillion iS of the ocean's com plex role in the cyclic for the next 10 years. functioning of the earth's atmosphere. Summary. The expanding world demand for minerals makes seabed and A further concern is that uncon­ subsoil resources attractive for exploita­ trolled exploitation would rapidly de­ tion. However, in planning for and plete the resources of the sea. A regime exploiting these new resources, there for the deep sea must strive to sort out may be a threat to worldwide mineral the interplay between two factors: juris­ pri ces. Developing nations, whose dictional claims and economic values. economies depend, sometimes exclu­ The dominant controlling force will be sively, on export of important indusLTial the national interests of states. The minerals, see the unrcstricted exploita­ choices, considering these interests, are tion of the sea resources as not in their between an international organization, national interest. Developed nations, on the United Nations for example, by the other hand, are interested in ex­ multilateral negotiation; or, in the ploiting additional sources for critical absence of control, by conflict. As minerals, presently available in only a exploration continues in the oceans, few land areas of the world. The inter­ changing economic values will modify ests of developed nations tend toward jurisdictional significance and ultimately broader areas such as security, world raise security issues. trade, and freedom to explore and Thus, some form of legal regime is exploit; while smaller nations, many of likely to develop. A basis already exists them emerging from colonial status, in the Geneva Convention on the Conti­ look to the sea for needed capital for nental Shelf, and resources now being nation building. exploited fall within the agreements of VI··CONCLUSIONS this Convention. A variety of proposals have been advanced for the deep ocean The activities on the high seas are beyond the Continental Shelf; the varia­ increasing, as access to the deep seabed tions stem primarily from how each and subsoil becomes technically pos­ views the developmcnt of law. On the sible. While there are no vast, superrich one hand, it is said that the evolution of lodes of rare minerals concentrated for international law should proceed to­ easy pickup, a manganese mining opera- gether with the development. This has 548 heen the traditional evolution of inter­ workable regime must be based on solid national law. On the other hand, there fact and a full understanding of the are advocates for establishing a regime geophysical nature of the seabed and now, before the deep ocean is COIO­ subsoil rather than optimistic estimates pletely defined and before nations and enthusiastic speculation. This, in establish hard and fast posiLions, leading fact, is where it stands today; there is no to increased tensions and perhaps con­ sound and generally acceptable basis for flict. Underlying this last proposal is the negotiating an international convention belief that more powerful nations can on the deep ocean. There is, however, preempt all others in the use of ocean little doubt that the question is on the resources if a "wait and see" solution is agenda for the future and that every adopted. item on the discussion list will be of In the last analysis, however, any profound interest to military planners.

NOTES INTRODUCTION 1. United Nations, General Assembly, Request for the Inclusion of Supplementary Item in the Agenda of the Twenty Second Session, A/6695 (New York: 1967).

I-THE SEA ENVIRONMENT 1. "Work beneath the Waves," Time, 19 January 1968, p. 68. 2. Martin Caiden "Those Muddy, Murky Waters," Data, October 1968, p. 8. 3. United Nations, General Assembly, Convention. on the Continental Shelf, A/Conf. 13/L.52 (New York: 1958), v. II, art. 1, p. 132. 4. R.G. Mason, "Geophysical Investigation of the Sea Floor," Liverpool and Manchester Geological Journal, February 1960, quoted in Ouchlaine A.M. King, (New York: McGraw-Hill, 1962), p. 37. 5. King, p. 36. 6. John L. Mero, The Mineral Resources of the Seas (New York: Elsevier, 1965), p.l06. 7. Gardner Soule, Undersea Frontiers (New York: Rand McNally, 1968), p. 192. II-EXPLORATION OF THE DEEP SEA 1. G.E.R. Deacon, ed., Seas, Maps and Men (Garden City, N.Y.: Doubleday, 1962), p.191. 2. Rachcl L. Carson, The Sea around Us (New York: New American Library, 1961), p.198. The deepest point is thc Marianas Trench, 10,940 meters. 3. Edward Wcnk, "Dccp Sea Exploration," Saturday Review, July 1967, p. 43. 4. John llardach, Harvest of the Sea (Ncw York: lIarper & Row, 1968), p. 85. 5. Harold M. Schmeck, "Ocean Research Urged in Study," The New York Times, 12 January 1969, p. 67:1. 6. King, p. 42. 7. Ibid., p. ,8. 8. Ibid., p. 9. 9. Soule, p. 156. 10. Ibid., p. 205. ll. National Academy of Sciences, National Research Council, Design of a Deep Ocean Drilling Ship (~ew York: 1962), p. 5. III-THE RESOURCES OF THE DEEP SEA AND THEIR EXPLOITATION 1. Laurence W. Martin, The Sea in Modern Strategy (New York: Praeger, 1967), p. 21. 2. Karl K. Turekian, Oceans (Englewood Cliffs, N.J.: Prentice-Hall, 1968), p. 88. 3. United Nations, Economic and Social Council, Resources of the Sea, Introduction and Summary (New York: 21 February 1968), p. 20. 4. Maurice Moyal, "Salvation from the Sea," The Rotarian, November 1968, p. 52. 5. United Nations, Economic and Social Council, Resources of the Sea: Mineral Resources of the Sea beyond the Continental Shelf (New York: 19 February 1968), pt. I, p. 6. 549 6. Ibid., p. 6. 7. Ibid., p. 7. 8. Ibid., p. 12. 9. Ibid., p. 14. 10. Ibid., p. 16. 11. Moyal, p. 30. 12. Andre Brun, "New Ideas in Deep Water Oil Producing Systems," World Oil, January 1969, p. 53. 13. Nonnan V. Carlisle, RicTlCs of the Sea (Ncw York: Stcrling, 1967), p. 75. 14. "New Conccpts in Decp Water Drilling," World Oil, Scptcmber 1968, p. 49. 15. U.S. Naval Civil Engineering Laboratory, Structures in Deep Ocean Engineering Manual (Port Huencme, Calif.: 15 March 1964), p. 1-0. 16. Unitcd Nations, Economic and Social Council, Resources of the Sea, Introduction and Summary, p. 7. 17. Mcro, p. 175. 18. Ibid., p. 173. 19 • Ibid., p. 175. 20. David B. Brooks, "Decp Sca Manganese Nodules: from Scientific Phenomenon to World Rcsources," Lcwis M. Alcxandcr, ed., The Law of the Sea (Kingston: University of Rhode , 1968), p. 40. 21. "Report on Nickel," World Business, Aprll1968, p. 19. 22. Mero, p. 58. 23. United Nations, Economic and Social Council, Resources of the Sea: Mineral Resources of the Sea beyond the Continental Shelf, pt. I, p. 21. 24. United Nations, Economic and Social Council, Resources of the Sea, Introduction and Summary, p. 7. 25. Ibid., p. 4. 26. United Nations, Economic and Social Council, Resources of the Sea: Mineral Resources of the Sea beyond the Continental Shelf, pt. I, p. 37.

IV-JURISDICTION IN THE DEEP SEA

1. Aaron L. Shalawitz, Shore and Sea Boundaries (Washington: U.S. Govt. Print. Off., 1962), p. 371. 2. Ibid., p. 362. 3. Ibid. 4. Convention on the Continental Shelf, art. 1. 5. William E. Butler, "Edict on Continental Shelf, Presidium of the U.S.S.R. Supreme Soviet,6 February 1968," American Journal of International Law, January 1969, p. 104. 6. Ibid., p. 105. 7. Ibid., p.l07. 8. Tao Chcng, "Communist China and thc Law of the Sea," American Journal of International Law, January 1969, p. 5:1. 9.lbirl., p. 64. 10. Ibid. 11. Ibid., 'p. 67. 12. Louis Henkin, "Changing Law for the Scas," Edmund A. Gullion, ed., Uses of the Seas (Englewood Cliffs, N.J.: Prcntice.HaIl,1968), p. 78. 13. Butler, p. 105. H. Hcnkin, p. 80. 15. Gordon J.F. MacDonald, "An American Strategy for the Oceans," Edmund A. Gullion, cd., Uses of tT,e Seas (Englewood Cliffs, N.].: Prentice-Hall, 1968), p. 194. 16. Convention of the Continental Shelf, art. 1. 17. Henkin, p. 79. 18. Richard Young, "The Legal Regime of the Deep-Sea Floor," American Journal of International Law, July 1968, p. 644. 19. Henkin, p. 79. 20. Ibid., p. 89. 21. Claiborne Pell, "Ownership and Jurisdiction of Extraterritorial Seabed and Superadjacent Waters," Congressional Record, 29 September 1967, p. 813875. 22. United Nations, Economic and Social Committee, Resources of the Sea. 550 23. K.O. Emery, "Geological Aspects of Sea Floor Sovereignty," Louis M. Alexander, ed., The Law of the Sea: Offshore Boundaries and Zones (Columbus: Ohio State University Press, 1967), p. 139. 24. Convention on the High Seas, art. 3,4,9,12,24,27. 25. Horace B. Robertson, "A Legal Regime for the Resources of the Seabed and Subsoil of the Deep Sea: a Brewing Problem for International Lawmakers," Naval War College Review, October 1968, p. 79. 26. Joseph B. McDevitt, "New Issues and New Interests in the Law of the Sea," Naval War College Review, January 1969, p. 18. 27. United Nations, Economic and Social Council, Resources of the Sea, Mineral Resource3 of the Sea beyond the Continental Shelf, pt. I, p. 87. V-NATIONAL INTERESTS 1. Myres S. McDougal, "International Law of the Sea," Lewis M. Alexander, cd .• The Law of the Sea: Offshore Boundaries and Zones (Columbus: Ohio State University Press. 1967). p.14. 2. Sam Pope Brewer, "Action Is Asked on Ocean Riches." The New York Times, 30 March 1968, p. 16:3. 3. Pat Reilly, "The Politics of the Ocean Bottom," War/Peace Report, August/September 1968. p. 7. 4. United Nations, Economic and Social Council. Resources of the Sea: Mineral Resources of the Sea beyond the Continental Shelf, pt. I, p. 91. 5. "Saudia Arabia," World Business, April 1968. p. 28. 6. Joe McGowan, "Dollars in Peru," Providence Sunday Journal, 2 March 1969. p. T4:5. 7. "Can U.N. Parcel Out Sea Bed? Maltese Proposal," Business Week, 11 November 1967. p.66. 8. "International." Undersea Technology, September 1968. p. 21. 9. "Reservation of Sea-Bed. and Ocean Floor for Peaceful Pruposes." UN Monthly Chronicle, January 1968, p. 32. 10. "Geneva Arms Parley to Turn to Sea-Bed Treaty," The New York Times, 20 July 1968, p.10:4. 11. Seymour M. Hersh, "An Arms Race on the Sea Bed?" War/Peace Report, August/September 1968. p. 8. 12. Ibid., p. 8. 13. Ibid., p. 9. 14. Lyndon B. Johnson, "Effective Use of the Sea," Weekly Compilation of Presidential Documents, 18 July 1966. p. 931. 15. John W. Spanier, World Politics in an Age of Revolution (New York: Praeger, 1967), p. 270. 16. Marshall D. Shulman, "The Soviets Turn to the Sea," Edmund A. Gullion. ed., U3es of the Seas (Englewood Cliffs. N.J.: Prentice-Hall, 1968). p. 148. 17. Schmeck, p. 1:7. 18. Ibid., p. 67:1. ----'t'----