11172 CONGRESSIONAL RECORD - SENATE May 26 Mr. JOHNSON of Texas. Mr. Presi- opment of a subject or aspect of a subject, cational, scientific or cultural character pro- dent, I ask that the President be imme- or when their content is such as to main- duced by international organizations rec- diately notified of the nominations this tain, increase or diffuse knowledge, and aug- ognized by the or by any ment international understanding and of the specialized agencies. day confirmed. goodwill; and 4. On the filing of any such certificate, The PRESIDING OFFICER. Without (b) When the materials are representative, there will be a decision by the appropriate objection, the President will be notified authentic, and accurate; and governmental agency of the contracting forthwith. (c) When the technical quality is such State into which entry Is sought as to that it does not interfere with the use made whether the material is entitled to the priv- of the material. ilege provided by article III, paragraph 1, of THE AGREEMENT FOR FACILITAT- ARTICLE II the present Agreement. This decision shall ING THE INTERNATIONAL CIRCU- be made after consideration of the material The provisions of the preceding article and through the application of the stand- LATION OF VISUAL AND AUDITORY shall apply to visual and auditory materials MATERIALS OF AN EDUCATION- ards provided in article I. If, as a result of of the following types and forms: that consideration, such agency of the con- AL, SCIENTIFIC, AND CULTURAL (a) Films, filmstrips and microfilm in tracting State into which entry is sought in- CHARACTER; A CONVENTION ON either negative form, exposed and developed, tends not to grant the privileges provided or positive form, printed and developed; by article III, paragraph 1, to that material THE TERRITORIAL SEA AND THE (b) Sound recordings of all types and CONTIGUOUS ZONE; A CONVEN- because it does not concede its educational, forms; scientific and cultural character, the Gov- TION ON THE HIGH SEAS; AN (c) Glass slides; models, static and mov- ernment of the State which certified the AGREEMENT ENTITLED "CONVEN- Ing; wall charts, maps and posters. material, or UNESCO, as the case may be, TION ON FISHING AND CONSER- These materials are hereinafter referred shall be notified prior to any final decision to as "material." VATION OF THE LIVING RE- in order that it may make friendly represen- tations in support of the exemption SOURCES OF THE HIGH SEAS"; A ARTICLE III of that 1. Each of the contracting States shall material to the Government of the other CONVENTION ON THE CONTI- State accord, within 6 months from the coming into which entry is sought. NENTAL SHELF; AND AN OP- into force of the present agreement with 5. The governmental agency of the con- TIONAL PROTOCOL OF SIGNA- respect to that State, exemption from all tracting State into which entry is sought TURES CONCERNING THE COM- customs duties and quantitative restrictions shall be entitled to Impose regulations upon and from the necessity of applying for an the importer of the material to ensure that PULSORY SETTLEMENT OF DIS- Import license in respect of the Importation, It shall only be exhibited or used for non- PUTES either permanent or temporary, of material profit-making purposes. originating in the territory of any of the 6. The decision of the appropriate gov- Mr. JOHNSON of Texas. Mr. Presi- ernmental agency of the dent, I ask unanimous consent that the other contracting States. contracting State 2. Nothing in this Agreement shall exempt into which entry Is sought, provided for in two agreements, the three conventions, material from those taxes, fees, charges or paragraph 4 of this article shall be final, and the optional protocol on the Ex- exactions which are imposed on the import but in making its decision the said agency ecutive Calendar be considered en bloc; of all articles without exception and with- shall give due consideration to any repre- that the understanding relating to Ex- out regard to their nature and origin, even sentations made to it by the Government certifying ecutive L be also considered and voted though such articles are exempt from cus- the material or by UNESCO as the case may be. on with the other matters en bloc; that toms duties; such taxes, fees and exactions a yea-and-nay vote be taken upon the shall include, but are not limited to, nominal ARTICLE V question of advising and consenting to statistical fees and stamp duties. Nothing in the present Agreement shall Executive V, and that the resolutions, 3. Material entitled to the privileges pro- affect the right of the contracting States vided by paragraph 1 of this article shall be to censor material in accordance with their with the accompanying understanding, exempt, in the territory of the country of advising and consenting own laws or to adopt measures to prohibit to the ratifica- entry, from all internal taxes, fees, charges or limit the importation of material for rea- tion of the conventions, agreements, and or exactions other or higher than those im- sons of public security or order. optional protocol be deemed to have been posed on like products of that country, and agreed to by the same vote. shall be accorded treatment no less favorable ARTICLE VI The PRESIDING OFFICER (Mr. Mc- than that accorded like products of that Each of the contracting States shall send to the United Nations Educational, Scien- CARTHY country in respect of all internal laws, regu- in the chair). Is there objec- tific and Cultural Organization a copy of tion to the request lations or requirements affecting its sale, of the Senator from transportation or distribution or affecting its each certificate which It issues to material Texas? processing, exhibition or other use. originating within its own territory and shall There being no objection, the Senate, 4. Nothing in this Agreement shall require inform the United Nations Educational, Sci- as in Committee of the Whole, proceeded any contracting State to deny the treatment entific and Cultural Organization of the to consider, en bloc, the following agree- provided for in this article to like material decisions taken and the reasons for any ments, conventions, and optional proto- of an educational, scientific or cultural refusals in respect of certified materials from other col, which were severally read the second character originating in any State not a contracting States for which party to this Agreement in any case in which entry is sought Into its own territory. The time. United Nations Educational, Scientific and EXECUTIVE V the denial of such treatment would be con- trary to an international obligation or to the Cultural Organization shall communicate AGREEMENT FOR FACILITATING THE INTERNA- commercial policy of such contracting State. this information to all contracting States TIONAL CIRCULATION OF VISUAL AND AUDI- and shall maintain and publish in English TORY MATERIALS OF AN EDUCATIONAL, ARTICLE IV and French catalogues SCIENTIFIC, AND CULTURAL CHARACTER 1. To obtain the exemption, provided un- of material showing all the certifications der the present Agreement for material for and decisions made The Governments of the States signatory in respect of them. to the present Agreement, which admission into the territory of a con- Being convinced that in facilitating the tracting State Is sought, a certificate that ARTICLE VII international circulation of visual and audi- such material is of an educational, scientific The contracting States undertake jointly tory materials of an educational, scientific or cultueftl character within the meaning of to consider means of reducing to a minimum and cultural character, the free flow of Ideas article I, shall be filed in connexion with the restrictions that are not removed by the by word and image will be promoted and the entry. present Agreement which might Interfere 2. The certificate shall be issued by the the mutual understanding of peoples with the international circulation of the appropriate governmental agency of the thereby encouraged, in conformity with the material referred to in article I. aims of the United Nations Educational, State wherein the material to which the Scientific and Cultural Organization, certificate relates originated, or by the ARTICLE VIII Have agreed as follows: United Nations Educational, Scientific and Each contracting State shall communicate Cultural Organization as provided for in ARTICLE I to the United Nations Educational, Scientific paragraph 3 of this article, and in the forms and Cultural Organization, within the The present Agreement shall apply to vis- annexed hereto. The prescribed forms of perod of six months following the coming ual and auditory materials of the types certificate may be amended or revised upon into force of the present Agreement, the specified in article II which are of an edu- mutual agreement of the contracting States, cational, scientific or cultural character. provided such amendment or revision is in measures taken in their respective territories Visual and auditory materials shall be conformity with the provisions of this Agree- to ensure the execution of the provisions of deemed to be of an educational, scientific ment. the present Agreement. The United Nations and cultural character: 3. Certificates shall be issued by the Educational, Scientific and Cultural Organi- (a) When their primary purpose or effect United Nations Educational, Scientific and zation shall communicate this information as is to instruct or inform through the devel- Cultural Organization for material of edu- it receives it to all contracting States. 1960 CONGRESSIONAL RECORD - SENATE 11173

ARTICLE IX sion, that in accepting the present Agree- For Chile: 1. All disputes arising out of the inter- ment it Is not assuming any obligation in For : pretation or application of the present respect of all or any territories, for which For Colombia: Agreement between States which are both such contracting State has international ob- For Costa Rica: parties to the Statute of the International ligations. The present Agreement shall, in For Cuba: Court of Justice, except as to articles IV and that case, not be applicable to the territories For Czechoslovakia: V, shall be referred to the International named in the declaration. For Denmark: subject to ratification, Wil- Court of Justice unless in any specific case 2. The contracting States in accepting the liam Borberg, December 29th 1949. It is agreed by the parties to have recourse present Agreement do not assume responsi- For the Dominican Republic: Max Hen- to another mode of settlement. bility in respect of any or all Non-Self- riquez Urefia, August 5, 1949. 2. If the contracting States between which Governing Territories for which they are For Ecuador: Homero Viteri L., 29 Decem- a dispute has arisen are not parties or any responsible but may notify the acceptance ber of 1949. one of them is not party to the Statute of of the Agreement by any or all of such terri- For Egypt: the International Court of Justice, the dis- tories at the time of acceptance by such For El Salvador: Hector David Castro, pute shall, if the States concerned so desire, contracting States or at any time thereafter. December 29, 1949. be submitted, in accordance with the con- The present Agreement shall, in such cases, For Ethiopia: stitutional rules of each of them, to an arbi- apply to all the territories named in the For France: tral tribunal established in conformity with notification ninety days after the receipt For Greece: Alexis Kyrou, December 31, the Convention for the Pacific Settlement of thereof by the Secretary-General of the 1949. International Disputes signed at The Hague United Nations. For Guatemala: on 18 October 1907, or to any other arbitral 3. Any contracting State may at any time For Haiti: S. M. Alexis, 2 D6cembre 1949. tribunal. after the expiration of the period of three For Honduras: ARTICLE X years provided for in article XIII declare For Hungary: For Iceland: The present Agreement is open to accept- that it desires the present Agreement to cease to apply to all or any territories for For India: ance by the signatory States. The instru- For : , December ment of acceptance shall be deposited with which such contracting State has interna- tional obligations or to any or all Non-Self- 31st 1949. the Secretary-General of the United Nations For Iraq: who shall notify all the Members of the Governing Territories for which it is re- sponsible. The present Agreement shall, For Israel: United Nations of each deposit and the date For Italy: thereof. in that case, cease to apply to the territories named in the declaration six months after For Lebanon: , December 30, ARTICLE XI the receipt thereof by the Secretary-General 1949. 1. On or after 1 January 1950 any Member of the United Nations. For Liberia: of the United Nations not a signatory to the 4. The Secretary-General of the United For the Grand Duchy of Luxembourg: present Agreement, and any non-member Nations shall communicate to all the Mem- For Mexico: State to which a certified copy of the present bers of the United Nations and to all non- For Monaco: Agreement has been communicated by the member States referred to in article XI the For the Kingdom of the Netherlands, sub- Secretary-General of the United Nations, declarations and notifications received in ject to the reservation contained in the may accede to it. virtue of the present article, together with proc6s-verbal of signature drawn up prior 2. The instrument of accession shall be the dates of the receipt thereof. to this signature: H. Riemens, December 30, deposited with the Secretary-General of the 1949. United Nations, who shall notify all the ARTICLE XV For New Zealand: Members of the United Nations and the non- Nothing in this Agreement shall be deemed For Nicaragua: member States, referred to in the preceding to prohibit the contracting States from For the Kingdom of Norway: Arne Sunde, paragraph, of each deposit and the date entering into agreements or arrangements December 20, 1949, thereof. with the United Nations or any of its spe- For Pakistan: ARTICLE Xii cialized agencies which would provide for For Panama: 1. The present Agreement shall come into facilities, exemptions, privileges or immuni- For Paraguay: force ninety days after the Secretary-General ties with respect to material emanating from For Peru: of the United Nations has received at least or sponsored by the United Nations or by For the , subject to ratifica- ten instruments of acceptance or accession any of its specialized agencies. tion, Carlos P. Rdmulo, December 31, 1949. in accordance with article X or article XI. ARTICLE XVI For Poland: As soon as possible thereafter the Secretary- For Saudi Arabia: The original of the present Agreement General shall draw up a proeds-verbal speci- For : fying the date on which, in accordance with shall be deposited in the archives of the For Switzerland: this paragraph, the present Agreement shall United Nations and shall be opened for sig- For Syria: have come into force. nature at Lake Success on 15 July 1949 For Thailand: 2. In respect of each State on behalf of where it shall remain open for signature For Turkey: until 31 December 1949. which an instrument of acceptance Certified copies of For the Ukrainian Soviet Socialist Re- or acces- the present Agreement shall be furnished by sion is subsequently deposited, the present public: the Secretary-General of the United Nations Agreement shall come into force ninety days For the Union of South Africa: to each of the Members of the United Na- after For the Union of Soviet Socialist Repub- the date of the deposit of such instru- tions and to such other Governments as may ment. lics: be designated by agreement between the For the United Kingdom of Great Britain 3. The present Agreement shall be regis- Economic and Social Council of the United tered with the Secretary-General of the and Northern Ireland: Nations and the Executive Board of the For the of America: War- United Nations on the day of its entry into United Nations Educational, Scientific, and force in accordance with Article 102 of the ren R. Austin, September 13, 1949. Cultural Organization. For Uruguay: E. Rodriguez Fabregat, 31 Charter and the regulations made there- IN WITNESS WHEREOF, the undersigned under by the General Assembly. December 1949. plenipotentiaries, having deposited their full For Venezuela: ARTICLE XIII powers found to be in due and proper form, For Yemen: 1. The present Agreement may be de- sign the present Agreement in the English For Yugoslavia: and French languages, each being equally nounced by any contracting State after the PROTOCOL OF SIGNATURE expiration of a period of three years from authentic, on behalf of their respective the date on which it comes into force in Governments, on the dates appearing oppo- At the moment of signing the Agreement respect of that particular State. site their respective signatures. to Facilitate the International Circulation 2. The denunciation of the Agreement by For Afghanistan: Abdul Hamid Aziz, 29 of Visual and Auditory Materials of an any contracting States shall be effected by a Ddcembre 1949. Educational, Scientific and Cultural Char- written notification addressed by that State For Argentina: acter, the undersigned plenipotentiaries to the Secretary-General of the United Na- For Australia: have agreed as follows: tions who shall notify all the Members of For Austria: 1. The Secretary-General of the United the United Nations and all non-member For the Kingdom of Belgium: Nations shall attach to the original text of the Agreement the model forms of cer- States referred to in article XI of each noti- For Bolivia: fication and the date of the receipt thereof. tificates referred to in article IV which are For : ad referendum, Jolo Carlos being submitted for approval to the States 3. The denunciation shall take effect one Muniz, 15 de Septembro de 1949. year after the receipt of the notification by members of the United Nations Educational, For the Union of Burma: Scientific and Cultural the Secretary-General of the United Nations. Organization, as For the Byelorussian Soviet Socialist Re- soon as they are transmitted to him for that ARTICLE XIV public: purpose by the Director-General of this 1. Any contracting State may declare, at For : ad referendum, Andrew G. L. Organization. The Secretary-General shall the time of signature, acceptance, or acces- McNaughton, 17 December 1949. then draw up a procds-verbal to that effect May 20 11174 CONGRESSIONAL RECORD - SENATE For the United Kingdom of Great Britain seas, a right of innocent passage, as pro- and shall communicate to the Governments vided in articles 14 to 23, shall exist in those of the States concerned a copy of the and Northern Ireland: America: Warren waters, procts-verbal and of the model forms of For the United States of 1949. 6 certificates transmitted to him. R. Austin, September 13, Article E. Rodriguez Fabregat, 2. Pending the conclusion of the agree- For Uruguay: The outer limit of the territorial sea is the ment referred to in article XVI, the Sec- 31 December 1949. line every point of which is at a distance retary-General shall transmit certified true For Venezuela: from the nearest point of the baseline equal copies of the Agreement to the non-mem- For Yemen: to the breadth of the territorial sea. For Yugoslavia: ber States designated by the Executive Article '7 Board of the United Nations Educational, Certified true copy. For the Secretary-General: 1. This article relates only to bays the Scientific and Cultural Organization. KERNO, coasts of which belong to a single State. In faith whereof the plenipotentiaries of these articles, a bay in the Assistant Secretary-General in 2. For the purposes have signed the present Protocol well-marked indentation whose pene- being charge of the Legal Department. is a English and French languages, each tration is in such proportion to the width of appearing equally authentic, on the dates as to contain landlocked waters EXECUTIVE J its mouth opposite their respective signatures. and constitute more than a mere curvature Aziz, 29 For Afghanistan: Abdul Hamid ANNEX I-CONVENTION ON THE TERRITORIAL of the coast. An indentation shall not, how- Dtcembre 1949. SEA AND THE CONTIGUOUS ZONE ever, be regarded as a bay unless its area is For Argentina: The States Parties to this Convention as large as, or larger than, that of the semi- For Australia: have agreed as follows: circle whose diameter is a line drawn across For Austria: the mouth of that indentation. TERRITORIAL SEA For the Kingdom of Belgium: PART --- 3. For the purpose of measurement, the For Bolivia: Section I. General area of an indentation is that lying between Carlos For Brazil, ad referendum: Jobo Article 1 the low-water mark around the shore of the Muniz, 15 de Setembro de 1940. 1. The sovereignty of a State extends, be- indentation and a line joining the low-water For the Union of Burma: territory and its internal marks of its natural entrance points. Where For the Byelorussian Soviet Socialist Re- yond its land waters, to a belt of sea adjacent to its coast, because of the presence of islands an in- public: dentation has more than one mouth, the For Canada, ad referendum: Andrew G. L. described as the territorial sea. 2. This sovereignty is exercised subject to semi-circle shall be drawn on a line as long McNaughton, 17 December 1949. articles and to other as the sum total of the lengths of the lines For Chile: the provisions of these rules of international law. across the different mouths. Islands within For China: an indentation shall be included as if they For Colombia: Article 2 were part of the water areas of the indenta- For Costa Rica: The sovereignty of a coastal State extends tion. For Cuba: to the air space over the territorial sea as 4. If the distance between the low-water For Czechoslovakia: well as to its bed and subsoil. marks of the natural entrance points of a For Denmark, subject to ratification: Wil- Section II. Limits of the Territorial Sea bay does not exceed twenty-four miles, a liam Borberg, December 29th, 1949. closing line may be drawn between these For the Dominican Republic: Max Hen- Article 3 two low-water marks, and the waters en- riquez Urena, August 5th, 1949. Except where otherwise provided in these closed thereby shall be considered as inter- For Ecuador: Homero Viteri L., 29 De- articles, the normal baseline for measuring nal waters. cember of 1949. the breadth of the territorial sea is the low- 5. Where the distance between the low- For Egypt: water line along the coast as marked on water marks of the natural entrance points For El Salvador: Hector David Castro, De- large-scale charts officially recognized by of a bay exceeds twenty-four miles, a straight cember 29, 1949. the coastal State. baseline of twenty-four miles shall be drawn For Ethiopia: Article 4 within the bay in such a manner as to en- For France: close the maximum area of water that is line is For Greece: Alexis Kyrou, December 31, 1. In localities where the coast possible with a line of that length. 1949. deeply indented and cut into, or if there is 6. The foregoing provisions shall not ap- in its For Guatemala: a fringe of islands along the coast ply to so-called "historic" bays, or in any case the method of straight For Haiti: S. M. Alexis, 2 Dtcember 1949. immediate vicinity, where the straight baseline system provided appropriate points may be For Honduras: baselines joining for in article 4 is applied. For Hungary: employed in drawing the baseline from 8 For Iceland: which the breadth of the territorial sea is Article For India: measured. For the purpose of delimiting the terri- For Iran: Nasrollah Entezam, December 2. The drawing of such baselines must not torial sea, the outermost permanent harbour 31,1949. depart to any appreciable extent from the works which form an integral part of the For Iraq: general direction of the coast, and the sea harbour system shall be regarded as forming For Israel: areas lying within the lines must be suffi- part of the coast. ciently closely linked to the land domain to For Italy: Article 9 For Lebanon: Charles Malik, December 30 be subject to the rtgime of internal waters, 1949. 3. Baselines shall not be drawn to and* Roadsteads which are normally used for For Liberia: from low-tide elevations, unless lighthouses* the loading, unloading and anchoring of For the Grand Duchy of Luxembourg: or similar installations which are perma-* ships, and which would otherwise be situ- For Mexico: nently above sea level have been built on* ated wholly or partly outside the outer limit For Monaco: them. of the territorial sea, are included in the For the Kingdom of the Netherlands: H 4. Where the method of straight baselines territorial sea. The coastal State must Riemens, December 30, 1949. is applicable under the provisions of para- - clearly demarcate such roadsteads and indi- For New Zealand: graph 1, account may be taken, in determin- cate them on charts together with their For Nicaragua: ing particular baselines, of economic inter- boundaries, to which due publicity must be For the Kingdom of Norway: Arne Sunde ests peculiar to the region concerned, the given. December 20, 1949. reality and the importance of which arc Article 10 For Pakistan: clearly evidenced by a long usage. 1. An island Is a naturally-formed area of For Panama: 5. The system of straight baselines ma3 land, surrounded by water, which is above For Paraguay: not be applied by a State in such a manne water at high-tide. For Peru: as to cut off from the high seas the territoria. 2. The territorial sea of an island is meas- For the Philippines, subject to ratification sea of another State. ured in accordance with the provisions of Carlos P. R6mulo, December 31, 1949. 6. The coastal State must clearly indicat( these articles. For Poland: straight baselines on charts, to which du( Article 11 For Saudi Arabia: publicity must be given. For Sweden: 1. A low-tide elevation is a naturally For Switzerland: Article 5 formed area of land which is surrounded by For Syria: 1. Waters on the landward side of thi and above water at low-tide but submerged For Thailand: baseline of the territorial sea form part o:f at high tide. Where a low-tide elevation is For Turkey: the internal waters of the State situated wholly or partly at a distance not For the Ukrainian Soviet Socialist Re- 2. Where the establishment of a straigh t exceeding the breadth of the territorial sea public: baseline in accordance with article 4 has thi from the mainland or an island, the low- as For the Union of South Africa: effect of enclosing as internal waters area s water line on that elevation may be used for measuring the breadth of For the Union of Soviet Socialist Re - which previously had been considered a the baseline publics: part of the territorial sea or of the higlh the territorial sea. 1960 CONGRESSIONAL RECORD - SENATE 11175 laws, to levy execution against or to arrest, 2. Where a low-tide elevation is wholly sit- take effect only after having been duly for the purpose of any civil proceedings, a a distance exceeding the breadth of published. uated at in the territorial sea, or sea from the mainland or an 4. There shall be no suspension of the foreign ship lying the territorial after island, it has no territorial sea of its own. innocent passage of foreign ships through passing through the territorial sea straits which are used for international navi- leaving internal waters. 12 Article gation between one part of the high seas Subsection C. Rules Applicable to Govern- Where the coasts of two States are oppo- and another part of the high seas or the ter- ment Ships Other Than Warships site or adjacent to each other, neither of the ritorial sea of a foreign State. Article 21 failing agreement be- two States is entitled, Article 17 tween them to the contrary, to extend its The rules contained in subsections A and territorial sea beyond the median line every Foreign ships exercising the right of inno- B shall also apply to government ships point of which is equidistant from the near- cent passage shall comply with the laws and operated for commercial purpose. State in est points on the baselines from which the regulations enacted by the coastal Article 22 the territorial seas of each of the conformity with these articles and other breadth of 1. The rules contained in subsection A two States is measured. The provisions of rules of international law and, in particular, and in article 18 shall apply to government however, with such laws and regulations relating to this paragraph shall not apply, ships operated for noncommercial purposes. is necessary by reason of historic transport and navigation. where it 2. With such exceptions as are contained or other special circumstances to de- title Subsection B. Rules Applicable to in the provisions referred to in the preced- seas of the two States in limit the territorial Merchant Ships ing paragraph, nothing in these articles a way which is at variance with this provi- Article 18 affects the immunities which such ships sion. under these articles or other rules of 2. The line of delimitation between the 1. No charge may be levied upon foreign enjoy international law. territorial seas of two States lying opposite ships by reason only of their passage through to each other or adjacent to each other shall the territorial sea. Subsection D. Rule Applicable to Warships be marked on large-scale charts officially 2. Charges may be levied upon a foreign Article 23 recognized by the coastal States. ship passing through the territorial sea as payment only for specific services rendered If any warship does not comply with the Article 13 to the ship. These charges shall be levied regulations of the coastal State concerning If a river flows directly into the sea, the without discrimination. passage through the territorial sea and dis- be a stragiht line across the regards any request for compliance which is baseline shall Article 19 mouth of the river between points on the made to It, the coastal State may require the low-tide line of its banks. 1. The criminal jurisdiction of the coastal warship to leave the territorial sea. State should not be exercised on board a for- PART II-CONTIGUOUS ZONE Section III. Right o/ Innocent Passage eign ship passing through the territorial sea Subsection A. Rules Applicable to all Ships to arrest any person or to conduct any inves- Article 24 Article 14 tigation in connexion with and crime com- 1. In a zone of the high seas contiguous mitted on board the ship during its passage, of these arti- to Its territorial sea, the coastal State may 1. Subject to the provisions save only in the following cases: cles, ships of all States, whether coastal or exercise the control necessary to; (a) If the consequences of the crime ex- not, shall enjoy the right of innocent passage (a) Prevent infringement of its customs, tend to the coastal State; or territorial sea. fiscal, immigration or sanitary regulations through the (b) If the crime is of a kind to disturb 2. Passage means navigation through the within its territory or territorial sea; the peace of the country or the good order of the above territorial sea for the purpose either of trav- (b) Punish infringement of the territorial sea; or within its territory ersing that sea without entering internal regulations committed (c) If the assistance of the local authori- sea. waters, or of proceeding to internal waters, or territorial ties has been requested by the captain of or of making for the high seas from internal 2. The contiguous zone may not extend the ship or by the consul of the country from waters. beyond 12 miles from the baseline whose flag the ship flies; or which the breadth of the territorial sea is 3. Passage includes stopping and anchor- (d) If it is necessary for the suppression measured. ing, but only insofar as the same are inci- of illicit traffic in narcotic drugs. 3. Where the coasts of two States are op- navigation or are ren- dental to ordinary 2. The above provisions do not affect the neither of necessary by force majeure or by dis- posite or adjacent to each other, dered right of the coastal State to take any steps failing agreement tress. the two States is entitled, authorized by its laws for the purpose of an between them to the contrary to extend its 4. Passage is innocent so long as it is not arrest or investigation on board a foreign contiguous zone beyond the median line prejudicial to the peace, good order or se- ship passing through the territorial sea after of which is equidistant from the Such passage every point curity of the coastal State. leaving Internal waters. nearest points on the baselines from which with these shall take place in conformity 3. In the cases provided for in paragraphs the territorial seas of the other rules of international the breadth of articles and with 1 and 2 of this article, the coastal State shall, two States is measured. law. if the captain so requests, advise the con- ARTICLES 5. Passage of foreign fishing vessels shall sular authority and the ship's crew. In cases PART I-FINAL not be considered innocent if they do not of emergency this notification may be com- Article 25 observe such laws and regulations as the municated while the measures are being The provisions of this Convention shall coastal State may make and publish in order taken. not affect conventions or other international to prevent these vessels from fishing in the 4. In considering whether or how an arrest agreements already in force, as between territorial sea. should be made, the local authorities shall States Parties to them. required to navigate 6. Submarines are pay due regard to the interests of navigation. Article 26 on the surface and to show their flag. 5. The coastal State may not take any shall, until 31 October board a foreign ship passing through This Convention Article 15 steps on by all States the territorial sea to arrest any person or to 1958, be open for signature 1. The coastal State must not hamper in- Nations or of any conduct any investigation in connexion with Members of the United nocent passage through the territorial sea. specialized agencies, and by any other any crime committed before the ship en- of the State is required to give invited by the General Assembly of 2. The coastal tered the territorial sea, if the ship, proceed- State to any dangers to navi- Nations to become a Party to the appropriate publicity ing from a foreign port, is only passing the United its gation, of which it has knowledge, within through the territorial sea without entering Convention. Article 27 territorial sea. internal waters. Article 16 This Convention is subject to ratification. Article 20 1. The coastal State may take the neces- The instruments of ratification shall be de- sary steps in its territorial sea to prevent 1. The coastal State should not stop or posited with the Secretary-General of the passage which is not innocent. divert a foreign ship passing through the United Nations. 2. In the case of ships proceeding to in- territorial sea for the purpose of exercising Article 28 ternal waters, the coastal State shall also civil jurisdiction in relation to a person on This Convention shall be open for accession have the right to take the necessary steps board the ship. by any States belonging to any of the cate- to prevent any breach of the conditions to 2. The coastal State may not levy execu- gories mentioned in article 26. The instru- which admission of those ships to those wa- tion against or arrest the ship for the pur- ments of accession shall be deposited with ters is subject. pose of any civil proceedings, save only in the Secretary-General of the United Nations. respect of obligations or liabilities assumed 3. Subject to the provisions of paragraph Article 29 4, the coastal State may, without discrimina- or incurred by the ship itself in the course Convention shall come into force amongst foreign ships, suspend tem- or for the purpose of its voyage through the 1. This tion of porarily in specified areas of its territorial sea waters of the coastal State. on the thirtieth day following the date instrument of the innocent passage of foreign ships if 3. The provisions of the previous para- deposit of the twenty-second or accession with the Secretary- essential for the protec- graph are without prejudice to the right of ratification such suspension is of the United Nations. tion of its security. Such suspension shall the coastal State, in accordance with its General 11176 CONGRESSIONAL RECORD - SENATE May 26 2. For each State ratifying or acceding to measures mentioned in this article may ships operated for commercial purposes are the Convention after the deposit of the therefore be applied to them only with the applicable only upon consent of the State twenty-second instrument of ratification or consent of the flag State. whose flag the ship flies. accession, the Convention shall enter into "To article 23, subsection D rule applicable For Iceland: H. G. Andersen. force on the thirtieth day after deposit by to warships: The Government of the Bye- For India: such State of its instrument of ratification lorussian Soviet Socialist Republic considers For Indonesia: or accession. that the coastal State has the right to estab- For Iran, subject to reservations: Dr. A. Article 30 lish procedures for the authorization of the Matine-Daftary, May 28, 1958. 1. After the expiration of a period of five passage of foreign warships through its ter- Translation by the United Nations Secre- years from the date on which this Convention ritorial waters." tariat: shall enter into force, a request for the revi- For Cambodia: "In signing the Convention on the Ter- sion of this Convention may be made at any For Canada: George A. Drew. ritorial Sea and the Contiguous Zone, I make time by any Contracting Party by means of For Ceylon: C. Corea, 30/X/58. the following reservation: Article 14. The a notification in writing addressed to the For Chile: Iranian Government maintains the objec- Secretary-General of the United Nations. For China: Liu Chieh, Yu-Chi Hsueh. tion, on the ground of excess of competence, 2. The General Assembly of the United For Colombia: (translation with the ex- expressed by its delegation at the twelfth Nations shall decide upon the steps, if any, planation annexed): Juan Uribe Holguin, plenary meeting of the Conference on the to be taken in respect of such request. Jose Joaquin Ciacedo Castilla. Law of the Sea on 24 April 1958, to the arti- Translation by the United Nations Secre- cles recommended by the Fifth Article 31 Committee tariat: of the Conference and incorporated in part The Secretary-General of the United Na- "With respect to the Convention on the in article 14 of this Convention. The Iran- tions shall inform all States Members of the Territorial Sea and the Contiguous Zone, the ian Government accordingly reserves all United Nations and the other States referred delegation of Colombia declares that, under rights regarding the contents of this article to in article 26: article 98 of the Colombian Constitution, in so far as it relates to countries having (a) Of signatures to this Convention and authorization by the Senate is required for no sea coast." of the deposit of instruments of ratification the passage of foreign troops through Co- For Iraq: or accession, in accordance with articles 26, lombian territory and that, by analogy, such For Ireland: Frank Alden, 2-10-1958. 27, and 28; authorization is accordingly also required for For Isarel: Shabtai Rosenne. (b) Of the date on which this Convention the passage of foreign warships through Co- For Italy: will come into force, in accordance with lombian territorial waters." For Japan: article 29; For Costa Rica: Raall Trejos Flores. For the Hashemite Kingdom of Jordan: (c) Of requests for revision in accordance For Cuba: F. V. Garcia Amador. For the Republic of Korea: with article 30. For Czechoslovakia, with the following res- For Laos: Article 32 ervations: For Lebanon: The original of this Convention, of which "In view of the fact that the Conference For Liberia: Rocheforte L. Weeks, 27/5/58. had the Chinese, English, French, Russian, and not adopted a special article concerning For Libya: Spanish texts are equally authentic, shall be the passage of warships through the terri- For the Grand Duchy of Luxembourg: deposited with the Secretary-General of the torial waters of foreign States, the Govern- For Mexico: United Nations, who shall send certified ment of the Czechoslovakia Republic deems For Monaco: it necessary to stress that articles 14 and 23 copies thereof to all States referred to in For Morocco: cannot in any sense article 26. be interpreted as estab- For Nepal: Rishikesh Shaha. lishing a right of innocent passage for war- In witness whereof the undersigned For the Kingdom of the Netherlands: C. Plenipotentiaries, being duly authorized ships through the territorial waters. Schurmann, 31 October 1958. "The Government of the Czechoslovak Re- thereto by their respective Governments, For New Zealand: Foss Shanahan, 29 Octo- public holds that under have signed this Convention. international law in ber 1958. force all government ships without distinc- Done at Geneva, this twenty-ninth For Nicaragua: day of tion enjoy immunity and therefore does not April one thousand For the Kingdom of Norway: nine hundred and fifty- agree with the application of articles 19 and For Pakistan: Aly Khan, 31 October 1958. eight. 20 of the Convention to government ships For Panama: Carlos Sucre C., For Afghanistan: A. R. Pazhwak, October operated for commercial purposes." 2.5.1958. For Paraguay: 30, 1958. Karel Kurka, 30 October 1958. For Albania: For Peru: For Argentina: A. Lescure. For Denmark: Max Sorensen, T. Olden- For the Philippine Republic: For Australia: K. Ronald Walker, 30 burg. For Poland: October 1958. For the Dominican Republic: A. Alvarez For Portugal, translation, subject to rati- For Austria: Dr. Franz Matsch, October 27, Aybar. fication: Vasco Vieira Garin, 28 October 1958. For Ecuador: 1988. For the Kingdom of Belgium: For El Salvador: For Romania, translation by the United For Bolivia: M. Tamayo, 17 October, 1958. For Ethiopia: Nations Secretariat with the following res- For Brazil: For the Federation of Malaya: ervations: "(1) to article 20: The Govern- For Bulgaria: For Finland: G. A. Gripenberg, 27 Octobre ment of the Romanian People's Republic [Translation by the United Nations Secre- 1958. considers that government ships have im- For France: tariat.]: munity in foreign territorial waters and that For the Federal Republic of Germany. Reservations: to article 20: "The Govern- the measures envisaged in this article may For Ghana: Richard Quarshie, K. B. ment of the not be applied to such ships except with People's Republic of Bulgaria Asante. considers that government ships in foreign the consent of the flag State; (2) to article waters For Greece: 23: The Government of the Romanian Peo- have immunity and that the meas- For Guatemala: L. Aycinena Salazar. ures set forth ple's Republic considers that the coastal in this article may therefore For Haiti: Rigal. apply to such ships only with the State has the right to provide that the consent For the Holy See: P. Demeur, 30.4.1958. of the flag State; to passage of foreign warships through its ter- article 23 (Sub-Section For Honduras. D. Rule applicable to Warships) -The Gov- ritorial waters shall be subject to previous For Hungary, subject to reservations at- ernment of the People's Republic of Bulgaria approval." tached to articles 14, 23, and 21: Dr. Szita considers that the coastal State has M. Magheru, 31 October 1958. the right JAnos, 31.X.1958. to establish procedures for the authorization For San Marino: of the passage of foreign warships through Articles 14 and 23: "The Government of For Saudi Arabia: its territorial waters." the Hungarian People's Republic is of the For Spain: opinion that the coastal Dr. Voutov, 31 October, 1958. State is entitled to For the Sudan: make the passage of warships through its For the Union of Burma: For Sweden: For the Byelorussian Soviet Socialist Re- territorial waters subject to previous author- ization; article 21: The Government of the For Switzerland: F. Schnyder, 22 octobre public: 1958. [Translation by the United Nations Secre- Hungarian People's Republic is of the opin- ion that the rules contained in Sub-Section For Thailand: Luang Chakrapani Srisilvi- tariat]: suddhi. With reservations to articles 20 and 23; B of Section III of Part I of the Convention are generally For (translation by the United text of reservations attached. inapplicable to government ships Nations Secretariat): With the following W. Kiselev, 30.X.1958. operated for commercial purposes so far as they encroach on the Immunities en- reservation: "The Government of the Text of the reservations: joyed under international law by all govern- Tunisian Repubic does not consider itself "To article 20: The Government of the ment ships, whether commercial or noncom- bound by the provisions of article 16, para- Byelorussian Soviet Socialist Republic con- mercial, on foreign territorial waters. Con- graph 4, of this Convention." siders that government ships in foreign ter- sequently, the provisions of Sub-Section B , 30 October ritorial waters have Immunity and that the 1958. restricting the immunities of government For Turkey: 1960 CONGRESSIONAL RECORD - SENATE 11177

For the Ukrainian Soviet Socialist Repub- rules of international law. It comprises, in- 2. For the purposes of these articles, the lic: (translation by the United Nations Sec- ter alia, both for coastal and non-coastal term "warship" means a ship belonging to retariat), with reservations to articles 20 and States: the naval forces of a State and bearing the 23; text of reservations attached: L. Pala- (1) Freedom of navigation; external marks distinguishing warships of its marchuk, 30 October 1958. (2) Freedom of fishing; nationality, under the command of an of- Text of the reservations: (3) Freedom to lay submarine cables and ficer duly commissioned by the government To article 20: "The Government of the pipelines; and whose name appears in the Navy List, Ukranian Soviet Socialist Republic con- (4) Freedom to fly over the high seas. and manned by a crew who are under regular siders that government ships in foreign ter- These freedoms, and others which are be- naval discipline. ritorial waters have immunity and that the ing recognized by the general principles of ARTICLE 9 measures mentioned in this article may international law, shall be exercised by all Ships owned or operated by a State and therefore be applied to them only with the States with reasonable regard to the inter- used only on government non-commercial consent of the flag State." ests of other States in their exercise of the service shall, on the high seas, have com- To article 23, subsection D: "Rule appli- freedom of the high seas. plete immunity from the jurisdiction of any cable to Warships) -The Government of the State other than the flag State. Ukrainian Soviet Socialist Republic consid- ARTICLE 3 ers that a coastal State has the right to 1. In order to enjoy the freedom of the ARTICLE 10 establish procedures for the authorization of seas on equal terms with coastal States, 1. Every State shall take such measures the passage of foreign warships through Its States having no sea-coast should have free for ships under its flag as are necessary to territorial waters." access to the sea. To this end States situ- ensure safety at sea with regard inter alia For the Union of South Africa: ated between the sea and a State having no to: For the Union of Soviet Socialist Repub- sea-coast shall by common agreement with (a) The use of signals, the maintenance lics (translation by the United Nations Sec- the latter and in conformity with existing of communications and the prevention of retariat), with reservations to articles 20 and international convention accord: collisions; 23; text of reservations attached: V. Zorin, (a) To the State having no sea-coast, on (b) The manning of ships and labour 30 October 1958. a basis of reciprocity, free transit through conditions for crews taking into account the Text of the reservations: their territory; and applicable international labour instruments; To article 20: "The Government of the (b) To ships flying the flag of that State (c) The construction, equipment, and sea- Union of Soviet Socialist Republics consid- treatment equal to that accorded to their worthiness of ships. ers that government ships in foreign terri- own ships, or to the ships of any other 2. In taking such measures each State is torial waters have immunity and that the States, as regards access to seaports and the required to conform to generally accepted measures mentioned in this article may use of such ports. international standards and to take any therefore be applied to them only with the 2. States situated between the sea and a steps which may be necessary to ensure their consent of the flag State." State having no sea-coast shall settle, by mu- observance. To article 23, subsection D, rule applica- tual agreement with the latter, and taking ARTICLE 11 ble to warships: "The Government of the into account the rights of the coastal State 1. In the event of a collision or of any Union of Soviet Socialist Republics consid- or State of transit and the special conditions other incident of navigation concerning a ers that a coastal State has the right to of the State having no sea-coast, all matters ship on the high seas, involving the penal establish procedures for the authorization relating to freedom of transit and equal or disciplinary responsibility of the master or of the passage of foreign warships through treatment in ports, in case such States are of any other person in the service of the its territorial waters." not already parties to existing international ship, no penal, or disciplinary proceedings For the United Arab Republic: conventions. may be instituted against such persons ex- For the United Kingdom of Great Britain ARTICLE 4 cept before the judicial or administrative and Northern Ireland: Pierson Dixon, 9 authorities either of the flag State or of the Sept. 1958. Every State, whether coastal or not, has the right to sail ships under its flag on the State of which such person is a national. For the United States of America: Arthur high seas. 2. In disciplinary matters, the State which I. Dean, 15 Sept. 1958. ARTICLE 5 has issued a master's certificate or a certifi- For Uruguay: Carlos Carbajal, M. Martinez cate of competence or license shall alone be Montero. 1. Each State shall fix the conditions for competent, after due legal process, to pro- For Venezuela (translation by the grant of its nationality to ships, for the the United nounce the withdrawal of such certificates, Nations Secretariat) : "In signing the present registration of ships in its territory, and for the right to fly its flag. Ships have the na- even if the holder is not a national of the Convention, the Republic of Venezuela de- State which issued them. clares with reference to article 12 that there tionality of the State whose flag they are 3. No arrest or detention of the ship, even are special circumstances to be entitled to fly. There must exist a genuine taken into as a measure of investigation, consideration in the following areas: the link between the State and the ship; in shall be or- dered by any Gulf of and zones adjacent thereto; particular, the State must effectively exer- authorities other than those of the area between the coast of Venezuela and cise its jurisdiction and control in admin- the flag State. ARTICLE 12 the island of Aruba; and the Gulf of istrative, technical and social matters over Venezuela." ships flying its flag. 1. Every State shall require the master of Ad referendum, Carlos Sosa Rodriguez, 2. Each State shall issue to ships to which a ship sailing under its flag, in so far as he October 30th 1958. it has granted the right to fly its flag docu- can do so without serious danger to the For Vietnam: ments to that effect. ship, the crew or the passengers, (a) To render assistance to any person For Yemen: ARTICLE 6 For Yugoslavia (translation subject to found at sea in danger of being lost; ratification): Milan Bartos, V. Popovic. 1. Ships shall sail under the flag of one (b) To proceed with all possible speed to State only and, save in exceptional cases ex- the rescue of persons in distress if informed pressly provided EXECUTIVE K for in international treaties of their need of assistance, in so far as such or in these articles, shall be subject to its ANNEX II-CONVENTION ON THE HIGH SEAS action may reasonably be expected of him; exclusive jurisdiction on the high seas. A (c) After a collision, to render assistance The States Parties to this Convention, ship may not change its flag during a voyage to the other ship, her crew and her pas- Desiring to codify the rules of interna- or while in a port of call, save in the case of sengers and, where possible, to inform the tional law relating to the high seas. a real transfer of ownership or change of other ship of the name of his own ship, her Recognizing that the United Nations Con- registry. port of registry and the nearest port at which ference on the Law of the Sea, held at Ge- 2. A ship which sails under the flags of two she will call. neva from 24 February to 27 April 1958, or more States, using them according to 2. Every coastal State shall promote the adopted the following provisions as generally convenience, may not claim any of the na- of an ade- declaratory of established principles of inter- establishment and maintenance tionalities in question with respect to any quate and effective search and rescue service national law, other State, and may be assimilated to a ship regarding safety on and over the sea and- Have agreed as follows: without nationality. where circumstances so require-by way of ARTICLE 1 ARTICLE 7 mutual regional arrangements co-operate The term "high seas" means all parts of The provisions of the preceding articles do with neighbouring States for this purpose. the sea that are not included in the terri- not prejudice the question of ships employed ARTICLE 13 torial sea or in the internal waters of a State. on the official service of an inter-govern- Every State shall adopt effective measures ARTICLE 2 mental organization flying the flag of the to prevent and punish the transport of slaves The high seas being open to allnations, no organization. in ships authorized to fly its flag, and to pre- State may validly purport to subject any part ARTICLE 8 vent the unlawful use of its flag for that of them to its sovereignty. Freedom of the 1. Warships on the high seas have complete purpose. Any slave taking refuge on board high seas is exercised under the conditions immunity from the Jurisdiction of any State any ship, whatever its flag, shall Ipso facto laid down by these articles and by the other other than the flag State. be free. 11178 CONGRESSIONAL RECORD - SENATE May 26 ARTICLE 14 (c) That, though flying a foreign flag or of hot pursuit, it shall be compensated for there- All States shall co-operate to the fullest refusing to show its flag, the ship is, in any loss or damage that may have been possible extent in the repression of piracy reality, of the same nationality as the war- by sustained. on the high seas or in any other place out- ship. ARTICLE 24 side the jurisdiction of any State. 2. In the cases provided for in sub-para- Every State shall draw up regulations to graphs (a), (b) and (c) above, the warship prevent pollution of the seas by the discharge ARTICLE 15 may proceed to verify the ship's right to of oil from ships or pipelines or resulting Piracy consists of any of the following fly its flag. To this end, it may send a from the exploitation and exploration of the acts: boat under the command of an officer to the seabed and its subsoil, taking account of (1) Any illegal acts of violence, deten- suspected ship. If suspicion remains after existing treaty provisions on the subject. tion or any act of depredation, committed the documents have been checked, it may for private ends by the crew or the passen- proceed to a further examination on board ARTICLE 25 gers of a private ship or a private aircraft, the ship, which must be carried out with 1. Every State shall take measures to pre- and directed: all possible consideration. vent pollution of the seas from the dumping (a) On the high seas, against another 3. If the suspicions prove to be unfounded, of radio-active waste, taking into account ship or aircraft, or against persons or prop- and provided that the ship boarded has not any standards and regulations which may be erty on board such ship or aircraft. committed any act justifying them, it shall formulated by the competent international (b) Against a ship, aircraft, persons or be compensated for any loss or damage that organizations. property in a place outside the jurisdiction may have been sustained. 2. All States shall cooperate with the com- of any State; ARTICLE 23 petent international organizations in taking (2) Any act of voluntary participation in measures for the prevention of pollution of the operation of a ship or of an aircraft 1. The hot pursuit of a foreign ship may seas or air-space above, resulting from any with knowledge of facts making it a pirate be undertaken when the competent authori- activities with radio-active materials or ship or aircraft; ties of the coastal State have good reason other harmful agents. to believe that the ship has violated the (3) Any act of inciting or of intentionally ARTICLE 26 facilitating an act described in subpara- laws and regulations of that State. Such graph 1 or subparagraph 2 of this article. pursuit must be commenced when the for- 1. All States shall be entitled to lay sub- eign ship or one of its boats is within the marine cables and pipelines on the bed of ARTICLE 16 internal waters or the territorial sea or the the high seas. The acts of piracy, as defined in article contiguous zone of the pursuing State, and 2. Subject to its right to take reasonable 15, committed by a warship, government may only be continued outside the territorial measures for the exploration of the conti- ship or government aircraft whose crew has sea or the contiguous zone if the pursuit nental shelf and the exploitation of its natu- mutinied and taken control of the ship or has not been interrupted. It is not neces- ral resources, the coastal State may not im- aircraft are assimilated to acts committed sary that, at the time when the foreign pede the laying or maintenance of such cables by a private ship. ship within the territorial sea or the con- or pipelines. ARTICLE 17 tiguous zone receives the order to stop, the 3. When laying such cables or pipelines ship giving the order should likewise be A ship or aircraft is considered a pirate the State in question shall pay due regard sea or the contiguous ship or aircraft if it is intended by the within the territorial to cables or pipelines already in position on zone. If the foreign ship is within a con- to be used for the seabed. In particular, possibilities of persons in dominant control tiguous zone, as defined in article 24 of the one of the acts repairing existing cables or pipelines shall the purpose of committing Sea and the referred to in article 15. The same applies Convention on the Territorial not be prejudiced. the pursuit may only be if the ship or aircraft has been used to Contiguous Zone, ARTICLE 27 commit any such act, so long as it remains undertaken if there has been a violation of the rights for the protection of which the Every State shall take the necessary legis- under the control of the persons guilty of zone was established. lative measures to provide that the breaking that act. of hot pursuit ceases as soon or injury by a ship flying its flag or by a per- ARTICLE 18 2. The right as the ship pursued enters the territorial son subject to its jurisdiction of a submarine A ship or aircraft may retain its nation- sea of its own country or of a third State. cable beneath the high seas done wilfully ality although it has become a pirate ship 3. Hot pursuit is not deemed to have begun or through culpable negligence, in such a or aircraft. The retention or loss of na- unless the pursuing ship has satisfied itself manner as to be liable to interrupt or ob- tionality is determined by the law of the by such practicable means as may be avail- struct telegraphic or telephonic communica- State from which such nationality was able that the ship pursued or one of its boats tions, and similarly the breaking or injury derived. or other craft working as a team and using of a submarine pipeline or high-voltage ARTICLE 19 the ship pursued as a mother ship are within power cable shall be a punishable offence. On the high seas, or in any other place the limits of the territorial sea, or as the case This provision shall not apply to any break outside the jurisdiction of any State, every may be within the contiguous zone. The or injury caused by persons who acted merely State may seize a pirate ship or aircraft, or pursuit may only be commenced after a vis- with the legitimate object of saving their a ship taken by piracy and under the con- ual or auditory signal to stop has been given lives or their ships, after having taken all trol of pirates, and arrest the persons and at a distance which enables it to be seen or necessary precautions to avoid such break seize the property on board. The courts of heard by the foreign ship. or injury. the State which carried out the seizure may 4. The right of hot pursuit may be exer- ARTICLE 28 decide upon the penalties to be imposed, and cised only by warships or military aircraft, Every State shall take the necessary legis- may also determine the action to be taken or other ships or aircraft on Government lative measures to provide that, if persons with regard to the ships, aircraft or prop- service specially authorized to that effect. subject to its jurisdiction who are the owners erty, subject to the rights of third parties 5. Where hot pursuit is effected by an of a cable or pipeline beneath the high seas, acting in good faith. aircraft: in laying or repairing that cable or pipeline, ARTICLE 20 (a) The provisions of paragraphs 1 to 3 cause a break in or injury to another cable the cost of the Where the seizure of a ship or aircraft on of this article shall apply mutatis mutandis; or pipeline, they shall bear repairs. suspicion of piracy has been effected without (b) The aircraft giving the order to stop adequate grounds, the State making the must itself actively pursue the ship until a ARTICLE 29 seizure shall be liable to the State the na- ship or aircraft of the coastal State, sum- Every State shall take the necessary legis- tionality of which is possessed by the ship moned by the aircraft, arrives to take over lative measures to ensure that the owners or aircraft, for any loss or damage caused by the pursuit, unless the aircraft is itself able of ships who can prove that they have sac- the seizure. to arrest the ship. It does not suffice to jus- riflced an anchor, a net or any other fishing ARTICLE 21 tify an arrest on the high seas that the ship gear, in order to avoid injuring a submarine was merely sighted by the aircraft as an be indemnified by A seizure on account of piracy may only cable or pipeline, shall offender or suspected offender, if it was not of the cable or pipeline, provided be carried out by warships or military air- the owner both ordered to stop and pursued by the air- the ship has taken all craft, or other ships or aircraft on govern- that the owner of craft itself or other aircraft or ships which reasonable precautionary measures before- ment service authorized to that effect. continue the pursuit without interruption. hand. ARTICLE 22 6. The release of a ship arrested within the ARTICLE 30 1. Except where acts of interference derive jurisdiction of a State and escorted to a port The provisions of this Convention shall not from powers conferred by treaty, a warship of that State for the purposes of an enquiry affect conventions or other international which encounters a foreign merchant ship before the competent authorities may not be agreements already in force, as between on the high seas is not justified in boarding claimed solely on the ground that the ship, States Parties to them. her unless there is reasonable ground for in the course of its voyage, was escorted suspecting: across a portion of the high seas, if the cir- ARTICLE 31 (a) That the ship is engaged in piracy; cumstances rendered this necessary. This Convention shall, until 31 October or 7. Where a ship has been stopped or ar- 1958, be open for signature by all States (b) That the ship is engaged in the slave rested on the high seas in circumstances Members of the United Nations or of any of trade; or which do not justify the exercise of the right the specialized agencies, and by any other 1960 CONGRESSIONAL RECORD - SENATE 11179

State invited by the General Assembly of the Declaration: "The Government of the Peo- tion is not consistent with present interna- United Nations to become a Party to the Con- ple's Republic of Bulgaria considers that the tional law and does not serve the general in- vention. definition of piracy given in the Convention terests of the freedom of navigation on the ARTICLE 32 does not cover certain acts which under con- high seas." This Convention is subject to ratification. temporary international law should be con- For Iceland: H. G. Andersen. The instruments of ratification shall be de- sidered as acts of piracy and does not serve For India: posited with the Secretary-General of the to ensure freedom of navigation on interna- For Indonesia: Ahmad Soebardjo, 8 May United Nations. tional sea routes." 1958. ARTICLE 33 Dr. Voutov, 31 October 1958. For Iran subject to reservations: Dr. A. For the Union of Burma: Matine-Daftary, May 28, 1958. This Convention shall be open for acces- For the Byelorussian Soviet Socialist Re- Translation by the United sion by any States belonging to any of the Nations Secre- public (translation by the United Nations tariat: categories mentioned in article 31. The in- Secretariat), with a reservation to article 9 struments of accession shall be deposited "In signing the Convention on the High and a declaration, texts of both attached: Seas, I make with the Secretary-General of the United the following reservations: K. Kiselev, 30.X.1958. "Article 2: With respect to the words 'no Nations. Text of the reservation: State may validly purport to subject ARTICLE 34 any To article 9: "The Government of the part of them to its sovereignty', it shall be 1. This Convention shall come into force Byelorussian Soviet Socialist Republic con- understood that this prohibition does not on the thirtieth day following the date of siders that the principle of international law apply to the continental shelf, which is gov- deposit of the twenty-second instrument of according to which a ship on the high seas is erned by article 2 of the Convention on the ratification or accession with the Secretary- not subject to any jurisdiction except that Continental Shelf. of the General of the United Nations. flag State applies without restriction "Articles 2, 3, and 4: The Iranian Govern- 2. For each State ratifying or acceding to to all government ships." ment maintains the objection on the ground the Convention after the deposit of the Text of the declaration: of excess of competence, expressed by its "The Government of the Byelorussian So- twenty-second instrument of ratification or delegation at the twelfth plenary meeting of viet Socialist Republic considers that the accession, the Convention shall enter into the Conference on the Law of the Sea definition of piracy given in the Convention on force on the thirtieth day after deposit by 24 April 1958, to the articles recommended does not cover certain acts which under con- by such State of its instrument of ratification the Fifth Committee of the Conference and temporary international law should be con- or accession. incorporated in the sidered as acts of piracy and does not serve afore-mentioned articles ARTICLE 35 of the Convention on the High Seas. to ensure freedom of navigation on inter- The 1. After the expiration of a period of five Iranian Government accordingly reserves all years from the date on which this Conven- national sea routes." For Cambodia: rights regarding the contents of these articles tion shall enter into force, a request for the in so far as they relate to countries having no revision of this Convention may be made at For Canada: George A. Drew. For Ceylon: C. Corea, sea coast. any time by any Contracting Party by means 30/X/58. For Chile: "Article 2(3)-article 28, paragraphs 1 and of a notification in writing addressed to the 2: Application of the provisions of these Secretary-General of the United Nations. For China: Liu Chieh, Yu-Chi Hsueh. For Colombia: Juan Uribe Holguin, Jose articles relating to the laying of submarine 2. The General Assembly of the United Na- Joaquin Calcedo Castella. cables and pipelines shall be subject to the tions shall decide upon the steps, if any, to For Costa Rica: Ratil Trejos Flores. authorization of the coastal State, in so far be taken in respect of such request. For Cuba: F. V. Garcia Amador. as the continental shelf is concerned." ARTICLE 36 For Czechoslovakia, with the following For Iraq: For Ireland: The Secretary-General of the United Na- reservation to article 9: "The Government Frank Aiken, 2-10-1958. tions shall inform all States Members of the of the Czechoslovak Republic holds that un- For Israel: Shabtal Rosenne. For Italy: United Nations and the other States referred der international law in force government For Japan: to in article 31: ships operated for commercial purposes also For the Hashemite Kingdom (a) Of signatures to this Convention and enjoy on the high seas complete immunity of Jordan: of the deposit of instruments of ratification from the jurisdiction of any State other than For the Republic of Korea: or accession, in accordance with articles 31, the flag State." For Laos: For Lebanon: N. Sabaka, 29 32 and 33; Kabel Kurka; 30 October 1958. mai 1958. L. (b) Of the date on which this Convention Declaration: "The Government of the For Liberia: Rocheforte Weeks, 27/5/58. will come into force, in accordance with ar- Czechoslovak Republic maintains that the For Libya: ticle 34; notion of piracy as defined in the Conven- For the Grand Duchy of Luxembourg: (c) Of requests for revision in accordance tion is neither in accordance with the pres- For Mexico: with article 35. ent international law nor with the interest For Monaco: For Morocco: ARTICLE 37 of safeguarding the freedom of navigation For Nepal: Rishikesh Shaha. The original of this Convention, of which on the high seas." For Denmark: Max Sorensen, T. Olden- For the Kingdom of the Netherlands: C. the Chinese, English, French, Russian and Schurmann, 31 October 1958. Spanish texts are equally authentic, shall be burg. For the Dominican For New Zealand: Foss Shanahan, 29 Oc- deposited with the Secretary-General of the Republic: A. Alvarez Aybar. tober 1958. United Nations, who shall send certified For Nicaragua: copies thereof to all States referred to in For Ecuador: For El For the Kingdom of Norway: article 31. Salvador: For Ethiopia: For Pakistan: Aly Khan, 31 October 1958. IN wiVNEss WHEREOF the undersigned For the Federation of For Panama: Carlos Sucre C., 2. 5. 1958. Plenipotentiaries, being duly authorized Malaya: For Finland: G. A. Gripenberg, 27 octobre For Paraguay: thereto by their respective Governments, For Peru: have signed this Convention. 1958. For France: G. Georges-Picot, 30 octobre For the Philippine Republic: DONE at Geneva, this twenty-ninth day of For Poland: "The Government of the April one thousand nine hundred and fifty- 1958. For the Federal Republic of Germany: Polish People's Republic considers that the eight. Werner Dankwort, 30 October 1958. rule expressed in article 9 applies to all ships For Afghanistan: A. R. Pazhwak, October owned or operated by a State." 30, For Ghana: Richard Quarshie, K. B. 1958. J. Winiewicz, October 31, 58. For Albania: Asante. Declaration: For Argentina: A. Lescure. For Greece: "The Government of the Po- For Guatemala: L. Aycinena Salazar. lish People's Republic considers that the For Australia: E. Ronald Walker, 30 Octo- For Haiti: Rigal. definition of piracy as contained in the Con- ber 1958. For the Holy See: P. Demeur, 30.4.1958. vention does not fully correspond with the For Austria: Dr. Franz Matsch, October 27, For Honduras: present state of international law in this 1958. For Hungary subject to reservation at- respect." For the Kingdom of Belgium: tached to article 9: Dr. Szita JAnos, 31.X.1958. For Portugal: translation, subject to rati- For Bolivia: M. Tamayo, 17 October 1958. Text of the reservation: "The Government fication: Vasco Vieira Garin, 28 October 1958. For Brazil: of the Hungarian People's Republic is of the For Romania: translation by the United For Bulgaria: (translation by the United opinion that, according to the general rules Nations Secretariat, with the following reser- Nations Secretariat) : of international law, ships owned or operated vation to article 9: Reservation to article 9: "The Government by a State and used on government service, "The Government of the Romanian Peo- of the People's Republic of Bulgaria con- whether commercial or noncommercial, enjoy ple's Republic considers that the principle of siders that the principle of international law on the high seas the same immunity as international law according to which a ship according to which ships have complete im- warships." on the high seas is not subject to any juris- munity from the jurisdiction of any State Declaration: "The Government of the Hun- diction except that of the flag State applies other than the flag State relates without any garian People's Republic declares that the to all government ships regardless of the restriction to all government ships." definition of piracy as given in the Conven- purpose for which they are used." 11180 CONGRESSIONAL RECORD - SENATE May 26 M. Magheru, 31 October 1958. Considering also that the nature of the search and regulation for purposes of con- Declaration: "The Government of the Ro- problems involved in the conservation of servation of the living resources of the high manian People's Republic considers that the the living resources of the high seas is such seas in that area, even though its nationals definition of piracy as given in article 15 of that there is a clear necessity that they be do not carry on fishing there. the Convention on the High Seas does not solved, whenever possible, on the basis of in- 3. A State whose nationals are engaged cover certain acts which under contemporary ternational co-operation through the con- in fishing in any area of the high seas adja- international law should be considered as certed action of all the States concerned. cent to the territorial sea of a coastal State acts of piracy." Have agreed as follows: shall, at the request of that coastal State, For San Marino: ARTICLE I enter into negotiations with a view to pre- For Saudi Arabia: scribing by agreement the measures neces- For Spain: 1. All States have the right for their na- sary for the conservation of the living re- For the Sudan: tionals to engage in fishing on the high sources of the high seas in that area. For Sweden: seas subject (a) to their treaty obligations, 4. A State whose nationals are engaged in For Switzerland: Paul Rueger, 24 mai 1958. (b) to the interests and rights of coastal fishing in any area of the high seas adjacent For Thailand: Luang Chakrapani Srisil- States as provided for in this Convention, to the territorial sea of a coastal State shall visuddhi, Maj. Gen. Dr. jur. Ambhorn Srija- and (c) to the provisions contained in the not enforce conservation measures in that yanta, Chapikorn Sreshthaputra. following articles concerning conservation of area which are opposed to those which have For Tunisia: Mongi Slim, Le 30 octobre the living resources of the high seas. been adopted by the coastal State, but may 1958. 2. All States have the duty to adopt, or to enter into negotiations with the coastal State For Turkey: co-operate with other States in adopting, with a view to prescribing by agreement the For the Ukrainian Soviet Socialist Re- such measures for their respective nationals measures necessary for the conservation of public (translation by the United Nations as may be necessary for the conservation of the living resources of the high seas in that Secretariat), with a reservation to article the living resources of the high seas. area. 9 and a declaration; texts of both attached: ARTICLE 2 5. If the States concerned do not reach L. Palamarchuk, 30 October 1958. As employed in this Convention, the ex- agreement with respect to conservation Text of the reservation: pression "conservation of the living resources measures within twelve months, any of the To article 9 "The Government of the of the high seas" means the aggregate of the parties may initiate the procedure contem- Ukrainian Soviet Socialist Republic con- measures rendering possible the optimum plated by article 9. siders that the principle of international law sustainable yield from those resources so as ARTICLE 7 according to which a ship on the high seas to secure a maximum supply of food and is not subject to any Jurisdiction except that 1. Having regard to the provisions of para- other marine products. Conservation pro- graph 1 of article 6, any coastal State may, of the flag State applies without restriction grammes should be formulated with a view to all government ships." with a view to the maintenance of the pro- to securing in the first place a supply of ductivity of living resources of the sea, adopt Text of the declaration: food for human consumption. "The Government of the Ukrainian Soviet unilateral measures of conservation appro- Socialist Republic considers that the defini- ARTICLE 3 priate to any stock of fish or other marine resources in any area of the high seas adja- tion of piracy given in the Convention does A State whose nationals are engaged in not cover certain acts which under contem- fishing any stock or stocks of fish or other cent to its territorial sea, provided that nego- porary international law should be con- living marine resources in any area of the tiations to that effect with the other States concerned have sidered as acts of piracy and does not serve high seas where the nationals of other States not led to an agreement to ensure freedom of navigation on inter- are not thus engaged shall adopt, for its own within six months. 2. The national sea routes." nationals, measures in that area when neces- measures which the coastal State adopts under the previous paragraph shall For the Union of South Africa: sary for the purpose of the conservation of be valid as to other For the Union of Soviet Socialist Republics the living resources affected. States only If the fol- (translation by the United Nations Secretar- lowing requirements are fulfilled: ARTICLE 4 (a) That there is a need iat), with a reservation to article 9 and a for urgent ap- declaration; texts of both attached: V. Zorin, 1. If the nationals of two or more States plication of conservation measures In the light of 30 October 1958. are engaged in fishing the same stock or the existing knowledge of the fishery; Text of the reservation: stocks of fish or other living marine resources (b) That the measures adopted are based To article 9 "The Government of the Un- in any area or areas of the high seas, these on appropriate scientific findings; ion of Soviet Socialist Republics considers States shall, at the request of any of them, (c) That such measures do not discrim- that the principle of international law ac- enter into negotiations with a view to pre- inate In form or in fact against foreign cording to which a ship on the high seas scribing by agreement for their nationals fishermen. is not subject to any jurisdiction except that the necessary measures for the conservation 3. These measures shall remain in force of the flag State applies without restric- of the living resources affected. pending the settlement, in accordance with tion to all government ships." 2. If the States concerned do not reach the relevant provisions of this Convention, Text of the declaration: "The Govern- agreement within twelve months, any of the of any disagreement as to their validity. ment of the Union of Soviet Socialist Re- parties may initiate the procedure contem- 4. If the measures are not accepted by the publics considers that the definition of plated by article 9. other States concerned, any of the parties may initiate the procedure contemplated by piracy given in the Convention does not ARTICLE 5 article 9. Subject to paragraph 2 of article cover certain acts which under contem- 1. If, subsequent to the adoption of the porary International law should be con- 10, the measures adopted shall remain oblig- measures referred to in articles 3 and 4, na- atory pending the decision of the special sidered as acts of piracy and does not serve tionals of other States engage in fishing the to ensure freedom of navigation on inter- commission. same stock or stocks of fish or other living 5. The principles of geographical demarca- national sea routes." marine resources in any area or areas of the For the United Arab Republic: tion as defined in article 12 of the Conven- high seas, the other States shall apply the tion on the Territorial Sea and the Contig- For the United Kingdom of Great Britain measures, which shall not be discriminatory and Northern Ireland: Pierson Dixon, 9 uous Zone shall be adopted when coasts of in form or in fact, to their own nationals different States are involved. September 1958. not later than seven months after the date For the United States of America: Arthur on which the measures shall have been noti- ARTICLE 8 H. Dean, 15 September 1958. fied to the Director-General of the Food and 1. Any State which, even if its nationals For Uruguay: Victor Pomes. Agriculture Organization of the United Na- are not engaged in fishing in an area of the For Venezuela, Ad referendum, Carlos tions. The Director-General shall notify high seas not adjacent to its coast, has a Sosa Rodriguex, October 30, 1958. such measures to any State which so re- For Vietnam: special interest in the conservation of the quests and, in any case, to any State speci- living resources of the high seas in that area, For Yemen: fied by State initiating the For Yugoslavia (translation), subject to measure. may request the State or States whose na- ratification: Milan Bartos, V. Popovic. 2. If these other States do not accept the tionals are engaged in fishing there to take measures so adopted and if no agreement the necessary measures of conservation un- can be reached within twelve months, any der articles 3 and 4 respectively, EXECUTIVE L at the same of the interested parties may initiate the time mentioning the scientific reasons which ANNEX II-CoNvENnION ON FISHING AND procedure contemplated by article 9. Sub- in its opinion make such measures neces- CONSERVATION OF THE LIVING RESOURCES OF ject to paragraph 2 of article 10, the meas- sary, and indicating its special interest. THE HIGH SEAS ures adopted shall remain obligatory pend- 2. If no agreement is reached within The State Parties to this Convention, ing the decision of the special commission. twelve months, such State may initiate the Considering that the development of mod- ARTICLE 6 procedure contemplated by article 9. ern techniques for the exploitation of the 1. A coastal State has a special interest in ARTICLE 9 living resources of the sea, increasing man's the maintenance of the productivity of the 1. Any dispute which may arise between ability to meet the need of the world's ex- living resources in any area of the high seas States under articles 4, 5, 6, 7 and 8 shall, at panding population for food, has exposed adjacent to its territorial sea. the request of any of the parties, be sub- some of these resources to the danger of 2. A coastal State is entitled to take part mitted for settlement to a special commis- being overexploited. on an equal footing in any system of re- sion of five members, unless the parties 1960 CONGRESSIONAL RECORD - SENATE 11181 agree to seek a solution by another method and the provisions of paragraph 2 of Article ARTICLE 19 of peaceful settlement, as provided for in 94 of the Charter of the United Nations 1. At the time of signature, ratification or Article 33 of the Charter of the United shall be applicable to those decisions. If accession, any State may make reservations Nations. the decisions are accompanied by any recom- to articles of the Convention other than to 2. The members of the commission, one mendations, they shall receive the greatest articles 6, 7, 9, 10, 11 and 12. of whom shall be designated as chairman, possible consideration. 2. Any Contracting State making a reser- shall be named by agreement between the ARTICLE 12 vation in accordance with the preceding par- States in dispute within three months of the agraph may at any time withdraw the reser- request for settlement in accordance with 1. If the factual basis of the award of the special commission is altered by substantial vation by a communication to that effect ad- the provisions of this article. Failing agree- dressed changes in the conditions of the stock or to the Seertary-General of the ment they shall upon the request of any United Nations. State party, be named by the Secretary-Gen- stocks of fish or other living marine re- eral of the United Nations, within a further sources or in methods of fishing, any of the ARTICLE 20 three-month period, in consultation with States concerned may request the other 1. After the expiration of a period of five the States in dispute and with the Presi- States to enter into negotiations with a view years from the date on which this Conven- dent of the International Court of Justice to prescribing by agreement the necessary tion shall enter into force, a request for the and the Director-General of the Food and modifications in the measures of conserva- revision of this Convention may be made at Agriculture Organization of the United Na- tion. any time by any Contracting Party by means tions, from amongst well-qualified persons 2. If no agreement is reached within a of a notification in writing addressed to the being nationals of States not involved in the reasonable period of time, any of the States Secretary-General of the United Nations. dispute and specializing in legal, adminis- concerned may again resort to the procedure 2. The General Assembly of the United Na- trative or scientific questions relating to contemplated by article 9 provided that at tions shall decide upon the steps, if any, to fisheries, depending upon the nature of the least two years have elapsed from the origi- be taken in respect of such request. dispute to be settled. Any vacancy arising nal award. ARTICLE 21 after the original appointment shall be filled ARTICLE 13 The Secretary-General in the same manner as provided for the 1. The regulation of fisheries conducted of the United Na- tions shall inform all initial selection. by means of equipment embedded in the States Members of the United Nations and 3. Any State party to proceedings under floor of the sea in areas of the high seas ad- the other States referred to these articles shall have the right to name jacent to the territorial sea of a State may in article 15: (a) Of signatures to this one of its nationals to the special commis- be undertaken by that State where such Convention and of the deposit of instruments sion, with the right to participate fully in fisheries have long of ratification been maintained and or accession, the proceedings on the same footing as a conducted by its nationals, in accordance with articles 15, provided that 16 and member of the commission but without the non-nationals are permitted to participate 17: right to vote or to take part in the writing in such activities on an equal footing with (b) Of the date on which this Convention will come of the commission's decision. nationals except in areas where such fisher- into force, in accordance with ar- ticle 18: 4. The commission shall determine its own ies have by long usage been exclusively en- procedure, assuring each party to the pro- joyed by such nationals. Such regulations (c) Of requests for revisions in accordance with article ceedings a full opportunity to be heard and will not, however, affect the general status 20; to present its case. It shall also determine of the areas as high seas. (d) Of reservations to this Convention, in accordance with article 19. how the costs and expenses shall be divided 2. In this article, the expression "fisheries between the parties to the dispute, failing conducted by means of equipment embedded ARTICLE 22 agreement by the parties on this matter. in the floor of the sea" means those fisheries The original of this Convention, of which 5. The special commission shall render its using gear with supporting members em- decision within a period of five months from the Chinese, English, French, Russian and bedded in the sea floor, constructed on a Spanish texts the time it is appointed unless it decides, in are equally authentic, shall be site and left there to operate permanently deposited case of necessity, to extend the time limit with the Secretary-General of the or, if removed, restored each season on the United Nations, for a period not exceeding three months. who shall send certified cop- same site. ies thereof to all States 6. The special commission shall, in reach- referred to in article ARTICLE 14 15. ing its decisions, adhere to these articles IN WITNESS WHEREOF and to any special agreements between In articles 1, 3, 4, 5, 6 and 8, the term the undersigned Plen- the ipotentiaries, disputing parties regarding settlement of the "nationals" means fishing boats or craft of being duly authorized thereto dispute. any size having the nationality of the State by their respective Governments, have 7. Decisions of the commission shall be concerned, according to the law of that signed this Convention. by majority vote. State, irrespective of the nationality of the DONE at Geneva, this twenty-ninth day of members of their crews. April one thousand nine hundred and fifty- ARTICLE 10 eight. 1. The special commission shall, in dis- ARTICLE 15 For Afghanistan: A. R. Pazhwak, October putes arising under article 7, apply the This Convention shall, until 31 October 30, 1958. criteria listed in paragraph 2 of that article. 1958, be open for signature by all States For Albania: In disputes under articles 4, 5, 6 and 8 the Members of the United Nations or of any of For Argentina: A. Lescure. commission shall apply the following criteria, the specialized agencies, and by any other For Australia: E. Ronald Walker, 30 according to the issues involved in the dis- State invited by the General Assembly of the October 1958. pute: United Nations to become aOParty to the For Austria: (a) Common to the determination of dis- Convention. For the Kingdom of Belgium: For putes arising under articles 4, 5 and 6 are ARTICLE 16 Bolivia: M. Tamayo, 17 October 1958. the requirements: For Brazil: This Convention is subject to ratification. (I) That scientific findings demonstrate For Bulgaria: The Instruments the necessity of conservation measures; of ratification shall be de- For the Union of Burma: (ii) That the specific measures are based posited with the Secretary-General of the For the Byelorussian Soviet Socialist Re- on scientific findings and are practicable; United Nations. public: and ARTICLE 17 For Cambodia: (iii) That the measures do For Canada: George A. Drew. not discrim- This Convention shall be open for acces- inate, in form or in fact, against fishermen For Ceylon: C. Cores, 30/X/58. sion by any States belonging to of other States. any of the For Chile: (b) Applicable to the determination of categories mentioned in article 15. The in- For China: Liu Chieh, Yu-Chi Rsueh. struments disputes arising under article 8 is the re- of accession shall be deposited For Colombia: Juan Uribe Holguin, Jos6 quirement that scientific findings demon- with the Secretary-General of the United Joaquin Caicedo Castilla. strate the necessity for conservation meas- Nations. For Costa Rica: Ratl Trejos Flores. ures, or that the conservation programme is ARTICLE 18 For Cuba: F. V. Garcia Amador. adequate, as the case may be. 1. This Convention shall come into force For Czechoslovakia: 2. The special commission may decide that on the thirtieth day following the date of For Denmark: Max Sorensen, T. Oldenburg. pending its award the measures in dispute deposit of the twenty-second instrument of For the Dominican Republic: shall not A. Alvarez be applied, provided that, in the ratification or accession with the Secretary- Aybar. case of disputes under article 7, the measures General of the United Nations. For Ecuador: shall only be suspended when it is apparent 2. For each State ratifying or acceding to to the commission on the basis of prima facie For El Salvador: the evidence that the need for the urgent appli- Convention after the deposit of the For Ethiopia: cation of such measures does not exist. twenty-second instrument of ratification or For the Federation of Malaya: accession, the Convention shall enter into For Finland: G. A. Gripenberg, 27 octobre ARTICLE 11 force on the thirtieth day after deposit by 1958. The decisions of the special commission such State of its instrument of ratification For France: G. Georges-Picot, 30 octobre shall be binding on the States concerned or accession. 1958. 11182 CONGRESSIONAL RECORD - SENATE May 26

For the Federal Republic of Germany: depth of the superjacent waters admits of the use of recognized sea lanes essential to For Ghana: Richard Quarshie, K. B. As- the exploitation of the natural resources of international navigation. ante. the said areas; (b) to the seabed and sub- 7. The coastal State is obliged to under- For Greece: soil of similar submarine areas adjacent to take, in the safety zones, all appropriate For Guatemala: the coasts of Islands. measures for the protection of the living For Haiti: Rigal.. ARTICLE 2 resources of the sea from harmful agents. For the Holy See: 8. The consent of the coastal States shall 1. The coastal State exercises over the For Honduras: be obtained in respect of any research con- For Hungary: continental shelf sovereign rights for the cerning the continental shelf and under- purpose of exploring For Iceland: H. G. Andersen. it and exploiting its taken there. Nevertheless the coastal State For India: natural resources. shall not normally withhold its consent if the For Indonesia: Ahmad Soebardjo, 8 May 2. The rights referred to in paragraph 1 of request is submitted by a qualified institu- 1958. this article are exclusive in the sense that if tion with a view to purely scientific research For Iran: Dr. A. Matine-Daftary, May 28, the coastal State does not explore the con- into the physical or biological characteristics 1958. tinental shelf or exploit its natural re- of the continental shelf, subject to the pro- For Iraq: sources, no one may undertake these activi- viso that the coastal State shall have the For Ireland: Frank Aiken, 2-10-1958. ties, or make a claim to the continental right, if it so desires, to participate or to be For Israel: Shabtal Rosenne. shelf, without the express consent of the represented in the research, and that in any For Italy: coastal State. event the results shall be published. For Japan: 3. The rights of the coastal State over For the Hashemite Kingdom of Jordan: the continental shelf do not depend on oc- ARTICLE 6 For the Republic of Korea: cupation, effective or notional, or on any 1. Where the same continental shelf is For Laos: express proclamation. adjacent to the territories of two or more For Lebanon: N. Sadaka, 29 mai 1958. 4. The natural resources referred to in States whose coasts are opposite each other, For Liberia: Rocheforte L. Weeks, 27/5/58. these articles consist of the mineral and the boundary of the continental shelf ap- For Libya: other non-living resources of the seabed and pertaining to such States shall be determined For the Grand Duchy of Luxembourg: subsoil together with living organisms be- by agreement between them. In the ab- For Mexico: longing to sedentary species, that is to say, sence of agreement, and unless another For Monaco: organisms which, at the harvestable stage, boundary line is justified by special circum- For Morocco: either are immobile on or under the seabed stances, the boundary is the median line, For Nepal: Rishikesh Shaha. or are unable to move except in constant every point of which is equidistant from the For the Kingdom of the Netherlands: C. physical contact with the seabed or the sub- nearest points of the baselines from which Schurmann, 31 October 1958. soil. the breadth of the territorial sea of each For New Zealand: Foss Shanahan, 29 ARTICLE 3 State is measured. October 1958. The rights of the coastal State over the 2. Where the same continental shelf is For Nicaragua: continental shelf do not affect the legal adjacent to the territories of two adjacent For the Kingdom of Norway: status of the superjacent waters as high States, the boundary of the continental shelf For Pakistan: Aly Khan, 31 October 1958. seas, or that of the airspace above those shall be determined by agreement between For Panama: Carlos Sucre C., 2.5.1958. waters. them. In the absence of agreement, and For Paraguay: unless another boundary line is justified by ARTICLE 4 For Peru: special circumstances, the boundary shall be For the Philippine Republic: Subject to its right to take reasonable determined by application of the principle For Poland: measures for the exploration of the conti- of equidistance from the nearest points of For Portugal (translation), subject to rat- nental shelf and the exploitation of its nat- the baselines from which the breadth of the ification: Vasco Vieira Garin, 28 October 1958. ural resources, the coastal State may not territorial sea of each State is measured. For Romania: impede the laying or maintenance of sub- 3. In delimiting the boundaries of the For San Marino: marine cables or pipe lines on the con- continental shelf, any lines which are drawn For Saudi Arabia: tinental shelf. in accordance with the principles set out in For Spain: ARTICLE 5 paragraphs 1 and 2 of this article should be For the Sudan: 1. The exploration of the continental shelf defined with reference to charts and geo- For Sweden: and the exploitation of its natural resources graphical features as they exist at a partic- For Switzerland: F. Schnyder, 22 octobre must not result in any unjustifiable interfer- ular date, and reference should be made to 1958. ence with navigation, fishing or the con- fixed permanent identifiable points on the For Thailand: Luane Chakrapani Srisil- servation of the living resources of the sea, land. visuddhi, Boon Indrambarya. nor result in any interference with funda- ARTICLE 7 For Tunisia: Mongi Slim, Le 30 octobre mental oceanographic or other scientific re- The provisions of these articles shall not 1958. search carried out with the intention of open prejudice the right of the coastal State to For Turkey: publication. exploit the subsoil by means of tunnelling For the Ukrainian Soviet Socialist Repub- 2. Subject to the provisions of paragraphs irrespective of the depth of water above the lic: 1 and 6 of this article, the coastal State is subsoil. For the Union of South Africa: entitled to construct and maintain or oper- ARTICLE 8 For the Union of Soviet Socialist Repub- ate on the cntinental shelf installations This Convention shall, until 31 October lics: and other devices necessary for its explora- tion and the exploitation of its natural re- 1958, be open for signature by all States For the United Arab Republic: Members of the United Nations or of any of For the United Kingdom of Great Britain sources, and to establish safety zones around such installations and devices and to take in the specialized agencies, and by any other and Northern Ireland: Pierson Dixon, 9 Sep- State invited by the General Assembly of tember 1958. those zones measures necessary for their protection. the United Nations to become a Party to For the United States of America: Arthur the Convention. H. Dean, 15 September 1958. 3. The safety zones referred to in para- For Uruguay: Alvaro Alyvarez. graph 2 of this article may extend to a dis- ARTICLE 9 For Venezuela, ad referendum; Carlos Sosa tance of 500 metres around the installations This Convention is subject to ratification. and other devices which have been erected, Rodriguez, October 30th 1958. The instruments of ratification shall be measured from each point of their outer For Vietnam: deposited with the Secretary-General of the edge. Ships of all nationalities must respect United Nations. For Yemen: these safety zones. For Yugoslavia (translation), subject to 4. Such installations and devices, though ARTICLE 10 ratification: Milan Bartos, V. Popovic. under the jurisdiction of the coastal State, This Convention shall be open for acces- do not possess the status of islands. They sion by any States belonging to any of the EXECUTIVE M have no territorial sea of their own, and categories mentioned in article 8. The in- ANNEX IV-CONVENTION ON THE their presence does not affect the delimita- struments of accession shall be deposited CONTINENTAL SHELF tion of the territorial sea of the coastal with the Secretary-General of the United Nations. The States State. Parties to this Convention have ARTICLE 11 agreed as follows: 5. Due notice must be given of the con- struction of any such installations, and per- 1. This Convention shall come into force ARTICLE 1 manent means for giving warning of their on the thirtieth day following the date of For the purpose of these articles, the term presence must be maintained. Any installa- deposit of the twenty-second instrument of "continental shelf" is used as referring (a) tions which are abandoned or disused must ratification or accession with the Secretary- to the seabed and subsoil of the submarine be entirely removed. General of the United Nations. areas adjacent to the coast but outside the 6. Neither the installations or devices, nor 2. For each State ratifying or acceding to area of the territorial sea, to a depth of 200 the safety zones around them, may be estab- the Convention after the deposit of the metres or, beyond that limit, to where the lished where interference may be caused to twenty-second instrument of ratification or 1960 CONGRESSIONAL RECORD - SENATE 11183 accession the Convention shall enter into For El Salvador: For Switzerland: F. Schnyder, 22 octobre force on the thirtieth day after deposit by For Ethiopia: 1958. such State of its Instrument of ratification For the Federation of Malaya: For Thailand: Luang Chakrapanl Srisil- or accession. For Finland: G. A. Grlpenberg, 27 October visuddhi, Commodore Jit Sangkhadul. ARTICLE 12 1958. For Tunisia: Mongi Slim, Le octobre 1958. For France: For Turkey: time of signature, ratification or 1. At the For the Federal Republic of Germany: For the Ukrainian Soviet Socialist Repub- State may make reservations accession, any Werner Dankwort, 30 October 1958. lic: L. Palamarchuk, 31 October 1958. artices of the Convention other than to to Statement: "In signing the Convention on For the Union of South Africa: articles 1 to 3 inclusive. the Continental Shelf of 29 April 1958, the For the Union of Soviet Socialist Repub- 2. Any Contracting State making a reser- Federal Republic of Germany declares with lics: V. Zorin, 31 October 1958. in accordance with the preceding vation to article 5, paragraph 1 of the For the United Arab Republic: at any time withdraw the reference paragraph may Convention on the Continental Shelf that For the United Kingdom of Great Britain by a communication to that ef- reservation in the opinion of the Federal Government and Northern Ireland: Pierson Dixon, 9 Sep- to the Secretary-General of fect addressed article 5, paragraph 1 guarantees the exer- tember 1958. the United Nations. cise of fishing rights (Fischerel) in the For the United States of America: Arthur ARTICLE 13 waters above the continental shelf in the H. Dean, 15 September 1958. 1. After the expiration of a period of five manner hitherto generally in practice." For Uruguay: Carlos Carbajal. United years from the date on which this Conven- For Ghana: Richard Quarshie, K. B. For Venezuela (translation by the Secretariat) : "In signing the pres- tion shall enter into force, a request for Asante. Nations Venezuela the revision of this Convention may be made For Greece: ent Convention, the Republic of by any Contracting Party by For Guatemala: L. Aycinena Salazer. declares with reference to article 6 that there at any time to be taken into means of a notification in writing addressed For Haiti: Rigal. are special circumstances areas: the Secretary-General of the United For the Holy See: consideration in the following to the as the boundary is Nations. For Honduras: Gulf of Paria, in so far agreements, and 2. The General Assembly of the United For Hungary: not determined by existing zones adjacent thereto; the area between Nations shall decide upon the steps, if any, For Iceland: H. G. Andersen. in of Venezuala and the island of to be taken in respect of such request. For India: the coast For Indonesia: Ahmad Soebardjo, 8 May Aruba; and the Gulf of Venezuela." ARTICLE 14 1958. Ad referendum: Carlos Sosa Rodriguez, The Secretary-General of the United Na- For Iran: subject to reservations: Dr. A. October 30, 1958. For Vietnam: tions shall inform all States Members of the Matine-Daftary, May 28, 1958. For Yemen: United Nations and the other States referred this Convention on the Con- "In signing For Yugoslavia (translation), subject to to in article 8: Shelf, I am instructed by the and tinental ratification: Milan Bartos, V. Popovic. (a) Of signatures to this Convention Iranian Government to make the following of the deposit of instruments of ratification reservations: EXECUTIVE N or accession, in accordance with articles 8, "(a) Article 4: with respect to the phrase 9 and 10; "the coastal State may not impede the lay- ANNEX V-OPTIONAL PROTOCOL O SIGNATURE the date on which this Convention (b) Of ing or maintenance of submarine cables or CONCERNING THE COMPULSORY SETTLEMENT will come into force, in accordance with ar- pipe-lines on the continental shelf", the O' DISPUTES ticle 11; Iranian Government reserves its right to The States Parties to this Protocol and to (c) Of requests for revision in accordance allow or not to allow the laying or mainte- any one or more of the Conventions on the with article 13; nance of submarine cables or pipe-lines on Law of the Sea adopted by the United Na- (d) Of reservations to this Convention in its continental shelf. tions Conference on the Law of the Sea held accordance with article 12. "(b) Article 6: with respect to the phrase at Geneva from 24 February to 27 April 1958, ARTICLE 15 'and unless another boundary line is justi- Expressing their wish to resort, in all included in matters concerning them in respect to any The original of this Convention, of which fied by special circumstances' the In- arising out of the interpretation or English, French, Russian and paragraphs 1 and 2 of this article, dispute the Chinese, application of any article of any Convention Spanish texts are equally authentic, shall be dian Government accepts this phrase on the the Law of the Sea of 29 April 1958, to deposited with the Secretary-General of the understanding that one method of deter- on cir- compulsory jurisdiction of the Interna- United Nations, who shall send certified mining the boundary line in special the tional Court of Justice, unless some other copies thereof to all States referred to in cumstances would be that of measurement is provided in the Con- 8. from the high water mark." form of settlement article has been agreed upon by the In witness whereof the undersigned, Pleni- For Iraq: vention or potentiaries, being duly authorized thereto For Ireland: Frank Aiken, 2-10-1958. Parties within a reasonable period. Rosenne. by their respective Governments, have signed For Israel: Shabtai Have agreed as follows: Italy: this Convention. For ARTICLE I For Japan: Done at Geneva, this twenty-ninth day arising out of the interpretation For the Hashemite Kingdom of Jordan: Disputes of April one thousand nine hundred and or application of any Convention on the fifty-eight. For the Republic of Korea: For Laos: Law of the Sea shall lie within the com- For Afghanistan: A. R. Pazhwak, October the International For Lebanon: N. Sadaka, 29 M~ai 1958. pulsory jurisdiction of 30, 1958. Court of Justice, and may accordingly be For Albania: For Liberia: Rocheforte L. Weeks, 27/5/58. Libya: brought before the Court by an application For Argentina: A. Lescure. For the Grand Duchy of Luxembourg: made by any party to the dispute being a E. Ronald Walker, 30 Oc- For For Australia: For Mexico: Party to this Protocol. tober 1958. For Austria: For Monaco: ARTICLE II For the Kingdom of Belgium: For Morocco: This undertaking relates to all the pro- For Bolivia: M. Tamayo, 17 October, 1958. For Nepal: Rishikesh Shaha. visions of any Convention on the Law of the For Brazil: For the Kingdom of the Netherlands: C. Sea except, In the Convention on Fishing and For Bulgaria: Schurmann, 31 October 1958. Conservation of the Living Resources of the For New Zealand: Foss Shanahan, 29 For the Union of Burma: High Seas, articles 4, 5, 6, 7 and 8, to which For the Byelorussian Soviet Socialist Re- October 1958. articles 9, 10, 11 and 12 of that Convention public: K. Kiselev, 31.X.1958. For Nicaragua: remain applicable. For the Kingdom of Norway: For Cambodia: ARTICLE If For Canada: George A. Drew. For Pakistan: Aly Khan, 31 October 1958. C., 2.5. 1958. may agree, within a period of For Ceylon: C. Corea, 30/X/58. For Panama: Carlos Sucre The Parties Jos6 Serrano, October 31, 1958. For Paraguay: two months after one party has notified its For Chile: to For China: Liu Chieh, Yu-Chi Hsueh. For Peru: Alberto Ulloa, October 31, 1958. opinion to the other that a dispute exists, of For Colombia: Juan Uribe Holguin, Jos6 For the Philippine Republic: resort not to the International Court Castilla. For Poland: J. Winiewicz, October 31, 58. Justice but to an arbitral tribunal. After Joaquin Caicedo to For Costa Rica: Radil Trejos Flores. For Portugal (translation), subject to rat- the expiry of the said period, either Party dispute before For Cuba: F. V. Garcia Amador. Ification: Vasco Vieira Garin, 28 October this Protocol may bring the For Czechoslovakia: Karel Kurka, 31 Octo- 1958. the Court by an application. ber 1958. For Romania: ARTICLE IV For San Marino: For Denmark: Max Sorensen, T. Oldenburg. months, For Saudi Arabia: 1. Within the same period of two For the Dominican Republic: A. Alvarez the Parties to this Protocol may agree to Aybar. For Spain: For the Sudan: adopt a conciliation procedure before resort- For Ecuador: Jos6 A. Correa, October 31, ing to the International Court of Justice. 1958. For Sweden: CVI- 704 May 26 11184 CONGRESSIONAL RECORD - SENATE FINAL ACT OF THE UNITED NATIONS CONFER- make For Haiti: Rigal. 2. The conciliation commission shall ENCE ON THE LAW OF THE SEA within five months For the Holy See: P. Demeur, 304. 1958. Its recommendations of the United If its recommenda- For Honduras: 1. The General Assembly after its appointment. by resolution 1105 (XI) of 21 Feb- not accepted by the parties to the For Hungary: Nations, tions are to convene an interna- two months after they have For Iceland: ruary 1957, decided dispute within tional conference of plenipotentiaries to ex- been delivered, either party may bring the For India: 8 May amine the law of the sea, taking account not dispute before the Court by an application. For Indonesia: Ahmad Soebardjo, 1958. only of the legal but also of the technical, ARTICLE V For Iran: biological, economic and political aspects of This Protocol shall remain open for signa- For Iraq: the problem, and to embody the results of ture by all States who become Parties to any For Ireland: its work in one or more international con- Convention on the Law of the Sea adopted For Israel, ad referendum: Shabtal ventions or such other instruments as it by the United Nations Conference on the Law Rosenne. might deem appropriate. The General As- of the Sea and is subject to ratification, For Italy: sembly also recommended that the confer- where necessary, according to the constitu- For Japan: ence should study the question of the free tional requirements of the signatory States. For the Hashemite Kingdom of Jordan: access to the sea of land-locked countries, as established by international practice or ARTICLE VI For the Republic of Korea: For Laos: treaties. of the United Na- The Secretary-General For Lebanon: 2. The United Nations Conference on the States who become tions shall inform all For Liberia: Rocheforte L. Weeks, 27/5/58. Law of the Sea met at the European Office of Parties to any Convention on the Law of the the United Nations at Geneva from 24 Feb- and of the For Libya: Sea of signatures to this Protocol For the Grand Duchy of Luxembourg: ruary to 27 April 1958. of ratification in ac- deposit of instruments For Mexico: 3. The Governments of the following cordance with article V. For Monaco: eighty-six States were represented at the ARTICLE VII For Morocco: Conference: The original of this Protocol, of which the For Nepal: Rishikesh Shaha. Afghanistan, Albania, Argentina, Australia, Chinese, English, French, Russian and For the Kingdom of the Netherlands, Austria, Belgium, Bolivia, Brazil, Bulgaria, Spanish texts are equally authentic, shall (translation), subject to ratification: C. Burma, Byelorussian Soviet Socialist Repub- be deposited with the Secretary-General of Schurmann, 31 October 1958. lic, Cambodia, Canada, Ceylon, Chile, China, the United Nations, who shall send certified For New Zealand: Foss Shanahan, 29 Oc- Colombia, Costa Rica, Cuba, Czechoslavakia, copies thereof to all States referred to in tober 1958. Denmark, Dominican Republic, Ecuador, El article V. For Nicaragua: Salvador, Federation of Malaya, Finland, In witness whereof the undersigned For the Kingdom of Norway: France, Federal Republic of Germany. Plenipotentiaries, being duly authorized For Pakistan: Aly Khan, 6 November 1958. Ghana, Greece, Guatemala, Haiti, Holy See, thereto by their respective Governments, For Panama: Carlos Sucre C., 2.5. 1958. Honduras, Hungary, Iceland, India, Indo- have signed this Protocol. For Paraguay: nesia, Iran, Iraq, Ireland, Israel, Italy, Japan, Done at Geneva, this twenty-ninth day of For Peru: Jordan, Republic of Korea, Laos, Lebanon, April one thousand nine hundred and fifty- For the Philippine Republic: Liberia, Libya, Luxembourg, Mexico, Monaco, eight. For Poland: Morocco, Nepal, Netherlands, New Zealand, For Afghanistan: For Portugal (translation), subject to Nicaragua, Norway. For Albania: ratification: Vasco Vieira Garin, 28 October Pakistan, Panama, Paraguay, Peru, Philip- For Argentina: 1958. pines, Poland, Portugal, Romania, San Ma- For Australia. For Romania: rino, Saudi Arabia, Spain, Sweden, Switzer- For Austria (subject to ratification) : Dr. For San Marino: land, Thailand, Tunisia, Turkey, Ukrainian Franz Matsch, October 27, 1958. For Saudi Arabia: Soviet Socialist Republic, Union of South For the Kingdom of Belgium: For Spain: Africa, Union of Soviet Socialist Republics, For Bolivia: M. Tamayo, 17 October 1958. For the Sudan: United Arab Republic, United Kingdom of For Brazil: For Sweden: Great Britain and Northern Ireland, United For Bulgaria: For Switzerland (translation), subject to States of America, Uruguay, Venezuela, Re- For the Union of Burma: ratification: Paul Ruegger, 24 May 1958. public of Viet-Nam, Yemen, Yugoslavia. For Thailand: For the Byelorussian Soviet Socialist Re- 4. At the invitation of the General As- public: For Tunisia: sembly, the following Specialized Agencies For Turkey: For Cambodia: had observers at the Conference: Food and For the Ukrainian Soviet Socialist Repub- For Canada (subject to ratification): Agriculture Organization of the United Na- George A. Drew. lic: tions; International Civil Aviation Organ- For the Union of South Africa: For Ceylon: C. Corea, 20/S/58. ization; International Labour Organisation; For Chile: For the Union of Soviet Socialist Repub- International Telecommunication Union; lics: For China: Liu Chieh, Yu-Chi Hsueh. Nations Educational, Scientific and For the United Arab Republic: United For Colombia (translation), with the ex- Cultural Organization; World Health Or- United Kingdom of Great Britain planation annexed: Juan Urive Holguin, For the ganization; World Meteorological Organiza- Pierson Dixon, 9 Sep- Jos6 Joaquin Calcedo Castilla. and Northern Ireland: tion. tember 1958. Translation by the United Nations Secre- 5. At the Invitation of the General Assem- tariat: For the United States of America: Arthur H. Dean, 15 September 1958. bly, the following intergovernmental organ- "In signing the Optional Protocol, the izations also had observers at the Confer- of Colombia reserves the obliga- For Uruguay: Carlos Carbajal. delegation ence: Conseil g6ndral des p~ches pour la tions of Colombia arising out of conventions For Venezuela: For Vietnam: Mdditerran6e; Indo-Pacific Fisheries Coun- concerning the peaceful settlement of dis- cil; Inter-American Tropical Tuna Commis- putes which Colombia has ratified and out For Yemen: For Yugoslavia (translation), subject to sion; Intergovernmental Committee for of any previous conventions concerning the European Migration; International Council which Colombia may ratify." ratification: Milan Bartos, V. Popovic. same subject the Sea; International For Costa Rica: Raul Trejos Flores. I hereby certify that the foregoing texts for the Exploration of For Cuba: F. V. Garcia Amador. are true copies of the following Conventions Institute for the Unification of Private Law; For Czechoslovakia: and Protocol adopted by the United Nations League of Arab States; Organization of For Denmark (subject to ratification): Conference on the Law of the Sea, held at the American States; Permanent Conference for Max Sorensen, T. Oldenburg. European Office of the United Nations at the Exploitation and Conservation of the For the Dominican Republic: A. Alvarez Geneva from 24 February to 27 April 1958, Maritime Resources of the South Pacific. Aybar. the originals of which are deposited with 6. The Conference elected His Royal High- For Ecuador: the Secretary-General of the United Nations: ness Prince Krommun Convention of the Territorial Sea and the For El Salvador: Naradhip Bongsprabandh (Thailand) as For Ethiopia: Contiguous Zone; President. For the Federation of Malaya: Convention on the High Seas; For Finland: G. A. Gripenberg, 27 octobre Convention on Fishing and Conservation 7. The Conference elected as Vice-presi- 1958. of the Living Resources of the High Seas; dents Argentina, China, France, Guatemala, For France: G. Georges-Picot, 30 octobre Convention on the Continental Shelf; India, Italy, Mexico, Netherlands, Poland, 1958. Optional Protocol of Signature concerning the Union of Soviet Socialist Republics, the For the Federal Republic of Germany: Compulsory Settlement of Disputes. United Arab Republic, the United Kingdom Werner Dankwort, 30 October 1958. For the Secretary-General: of Great Britain and Northern Ireland, and For Ghana: Richard Quarshie, K. B. C A STAvRopouLos, the United States of America. Asante. The Legal Counsel. 8. The following committees were set up: For Greece: United Nations, New York, 7 November General Committee: Chairman, The Pres- For Guatemala: 1958. ident of the Conference. 1960 CONGRESSIONAL RECORD - SENATE 11185

First Committee (Territorial Sea and Con- the Second Committee, In connexion with For Japan: I. Kawasaki, 16 May 1958. tiguous Zone): Chairman: Mr. K. H. Bailey article 2 of the Convention on the High For Lebanon: N. Sadaka, 23 Mai 1958. (Australia); Vice-Chairman: Mr. S. Guti6r- Seas); For Liberia: Nathan Barnes, Rocheforte L. rez Olivos (Chile); Rapporteur: Mr. Vladi- Pollution of the high seas by radio-active Weeks. Caabazi. mir M. Koretsky (Ukrainian Soviet Socialist materials (resolution adopted on 27 April For Libya: Fuad Republic). 1958, on the report of the Second Committee, For Mexico: Pablo Campos Oritz, A. Garcia Committee (High Seas: General relating to article 25 of the Convention on Robles. Second J. Raimbert. Regime): Chairman, Mr. 0. C. Gundersen the High Seas); For Monaco: C. Solamito, (Norway); Vice-Chairman, Mr. Edwin Glaser International fishery conservation conven- For Morocco: Nasser Bel Larbi. Shaha. (Romania), Rapporteur, Mr. Jos6 Madeira tions (resolution adopted on 25 April 1958, For Nepal: Rishikesh of the Netherlands: J. H. Rodigues (Portugal). on the report of the Third Committee); For the Kingdom Third Committee (High Seas: Fishing; the Co-operation in conservation measures W. Veerzljl. Conservation of Living Resources): Chair- (resolution adopted on 25 April 1958, on the For New Zealand: G. L. O'Halloran. man, Mr. Carlos Sucre (Panama); Vice- report of the Third Committee); For Nicaragua: I. Portocarrero. Chairman, Mr. E. Krispis (Greece); Rappor- Humane killing of marine life (resolution For the Kingdom of Norway: Bredo Sta- teur, Mr. N. K. Pannikar (India). adopted on 25 April 1958, on the report of bell, Finn Seyersted. Fourth Committee (Continental Shelf): the Third Committee); For Pakistan: Edward Snelson. Chairman, M. A. B. Perera (Ceylon); Vice- Special situations relating to coastal fish- For Panama: Carlos Sucre C. Chairman, Mr. R. A. Quarshie (Ghana); eries (resolution adopted on 26 April 1958, For Peru: Alberto Ulloa. Rapporteur, Mr. L. Diaz GonzAlez (Vene- on the report of the Third Committee); For Poland: T. O'Closzynski. zuela). R6gime of historic waters (resolution For Portugal: Tovar. Lazareanu. Fifth Committee (Question of Free Access adopted on 27 April 1958, on the report of For Rumania: A. For San Marmno: H. Reynaud, 30.4.1958. to the Sea of Land-locked Countries) : the First Committee); For Spain: Marqufs de Mirafiores. Chairman, Mr. J. Zourek (Czechoslovakia); Convening of a second United Nations Conference on the Law of the Sea (resolu- For Switzerland: Paul Ruegger, A. Schal- Vice-Chairman, Mr. W. Guevara Arze (Bo- ler. livia); Rapporteur, Mr. A. H. Tabibi (Afghan- tion adopted by the Conference on 27 April 1958); For Thailand: Luang Chakrapanl Srsil- istan). visuddhli. Drafting Committee: Chairman, Mr. J. A. Tribute to the International Law Commis- sion (resolution adopted by the Conference For Tunisia: M. Abdesselem. Correa (Ecuador). Necmettin Tuncel. on 27 April 1958). For Turkey: Credentials Committee: Chairman, Mr. M. For the Ukrainian Soviet Socialist Repub- whereof the representatives Wershof (Canada). In witness lic: V. Koretsky. this Final Act. 9. The Secretary-General of the United have signed For the Union of South Africa: L. H. Wes- this twenty-ninth day of Nations was represented by Mr. C. A. Stav- DONE at Geneva sels. fifty- ropoulos, the Legal Counsel. Mr. Yuen-lI April, one thousand nine hundred and For the Union of Soviet Socialist Repub- in the Chinese, Liang, Director of the Codification Division eight, In a single copy lics: G. Tunkin. of the Office of Legal Affairs of the United English, French, Russian and Spanish lan- For the United Arab Republic: Omar Nations, was appointed Executive Secretary. guages, each text being equally authentic. Loutfi. 10. The General Assembly, by its resolu- The original texts shall be deposited in the For the United Kingdom of Great Britain United Nations Secretariat. tion convening the Conference, referred to archives of the and Northern Ireland: G. G. Fitzmaurice, the Conference the report of the Inter- WAN WAITHAYAKON, Joyce A. C. Gutteridge. national Law Commission covering the work President. For the United States of America: Ray- LIANO, of its eighth session as a basis for considera- YUEN-LI mond T. Yingling, Marjorie M. Whiteman. tion of the various problems involved in the Executive Secretary. For Uruguay: Carlos Carbajal. development and codification of the law of For Afghanistan: Dr. Abdul H. Tabibi. For Venezuela: Ramdn Carmona. the sea; the General Assembly also referred For Albania: D. Lamani. For Yugoslavia: Milan Bartos, V. Popovic. to the Conference the verbatim records of For Argontina: A. Lescure. the relevant debates in the General As- For Australia: K. H. Bailey. ANNEX VI-RESOLUTIONs ADOPTED BY THE sembly, for consideration by the Conference For Austria: Johannes Willfort. UNITED NATIONS CONFERENCE ON THE LAW in conjunction with the Commission's report. For Bolivia: C. Salamanca. OF THE SEA The Conference also had before it the For Brazil: Gilberto Amado. 11. Grlgorov. NUCLEAR TESTS ON THE HIGH SEAS comments by Governments on the articles For Bulgaria: P. April 1958, on the concerning the law of the sea prepared by For the Byelorussian Soviet Socialist Re- (Resolution adopted on 27 in con- International Law Commission, the public: I. E. Geronin. report of the Second Committee, the nexion with article 2 of the Convention memorandum submitted by the preliminary For Cambodia: M. Phlek-Chhat. Drew. Seas) Conference of Land-locked States held in For Canada: George A. on the High Geneva from 10 to 14 February 1958, and For Ceylon: N. T. D. Kanakaratne. The United Nations Conference on the Law preparatory documentation prepared by the For Chile: Luis Melo Lecaros. of the Sea, Hsueh. Secretariat of the United Nations, by certain For China: Liu Chieh, Yu-Chi Recalling that the Conference has been specialized agencies and by independent ex- For Colombia: Juan Uribe Holguin, Josa convened by the General Assembly of the perts invited by the Secretariat to assist in Joaquin Calcedo Castilla. United Nations in accordance with resolu- the preparation of this documentation. For Costa Rica: Ratl Trejos Flores. tion 1105 (XI) of 21 February 1957, For Cuba: F. V. Garcia Amador. 12. On the basis of the deliberations, as Recognizing that there is a serious and Czechoslovakia: Jan Obhlidal, Dr. recorded in the summary records and reports For genuine apprehension on the part of many of the committees and In the records of the Jaroslav Zourek. States that nuclear explosions constitute an plenary meetings, the Conference prepared For Denmark: Max Sorensen, T. Olden- infringement of the freedom of the seas, and opened for signature the following Con- burg. Recognizing that the question of nuclear For the Dominican Republic: A. Alvarez ventions (annexes I to IV) : tests and production is still under review by Aybar. under various resolu- on the Territorial Sea and the General Assembly Convention Ecuador: Jos6 V. Trujillo, Josd A. Cor- the Contiguous Zone (adopted on 27 April For tions on the subject and by the Disarma- rea, Enrique Ponce y Corba. is at present under 1958, on the report of the First Committee); ment Commission, and For El Salvador: Francisco R. Lima, G. constant review and discussion by the Gov- on the High Seas (adopted on Convention Castellanos. report of the Second Fuentes ernments concerned, 27 April 1958, on the For Finland: T. Tikanvaara. Decides to refer this matter to the Gen- Committee); For France: De Curton. eral Assembly of the United Nations for Convention on Fishing and Conservation For the Federal Republic of Germany: action. the High Seas appropriate of the Living Resources of Peter H. Pfeiffer. (adopted on 26 April 1958, on the report of POLLUTION OF THE HIGH SEAS BY RADIO-ACTIVE For Ghana: Richard Quarshie, K. B. Asante. MATERIALS the Third Committee); For Greece: Elias Krispis, G. Bensis. Convention on the Continental Shelf For Guatemala: L. Aycinena Salazar. (Resolution adopted on 27 April 1958, on the (adopted on 26 April 1958, on the report of For Haiti: Rigal. report of the Second Committee, relating the Fourth Committee). For the Holy See: P. Demeur, 30.4.1958. to article 25 of the Convention on the The Conference also adopted the following For Honduras: F. Jos DurTn. High Seas) Protocol (annex V): For Hungary: Dr. Jnos Szita. The United Nations Conference on the Optional Protocol of Signature concerning For Iceland: H. G. Andersen. Law of the Sea, the compulsory settlement of disputes For India: E. E. Jhirad. Recognizing the need for international (adopted by the Conference on 26 April For Indonesia: Ahmad Soebardjo, 8 May action in the field of disposal of radio-active 1958). 1958. wastes in the sea. In addition, the Conference adopted the For Iran: Prof. Dr. A. Matine-Daftary. Taking into account action which has following resolutions (annex VI): For Iraq: Hasan Zakariya, 30 April 1958. been proposed by various national and in- Nuclear tests on the high seas (resolution For Israel: Shabtai Rosenne. ternational bodies and studies which have adopted on 27 April 1958, on the report of For Italy: Roberto Ago. been published on the subject, 11186 CONGRESSIONAL RECORD- SENATE May 26

Noting that the International Commission HUMANE KILLING OF MARINE LIFE pertaining to the general r6gime of the high on Radiological Protection has made recom- (Resolution Adopted on 25 April 1958, on the seas and to the free access of land-locked mendations regarding the maximum per- Report of the Third Committee) States to the sea, missible concentration of radio-isotopes in Considering that it has not been possible The United Nations Conference on the to reach agreement on the breadth of the the human body and the maximum permis- Law of the Sea, sible concentration in air and water, territorial sea and some other matters which States to prescribe, by all means that the International Requests were discussed in connexion with this prob- Recommends available to them, those methods for the Energy Agency, in consultation with lem, Atomic of marine life, especially groups and established organs hav- capture and killing Recognizing that, although agreements existing of whales and seals, which will spare them ing acknowledged competence in the field have been reached on the regime applicable suffering to the greatest extent possible. of radiological protection, should pursue to fishing and the conservation of the living whatever studies and take whatever action SPECIAL SITUATIONS RELATING TO COASTAL resources of the high seas, it has not been is necessary to assist States in controlling FISHERIES possible, in those agreements, to settle cer- the discharge or release of radio-active ma- (Resolution Adopted on 26 April 1958, on tain aspects of a number of inherently terials to the sea, in promulgating standards, the Report of the Third Committee) complex questions, in drawing up internationally acceptable and The United Nations Conference on the Recognizing the desirability of making to prevent pollution of the sea further efforts at an appropriate time to regulations Law of the Sea, by radio-active materials in amounts which reach agreement on questions of the inter- would adversely affect man and his marine Having considered the situation of coun- national law of the sea, which have been resources. tries or territories whose people are over- left unsettled, whelmingly dependent upon coastal fisheries Resolves to request the General Assembly INTERNATIONAL FISHERY CONSERVATION for their livelihood or economic development, of the United Nations to study, at its CONVENTIONS Having considered also the situation of Adopted on 25 April 1958, on the thirteenth session, the advisability of con- (Resolution countries whose coastal population depends vening a second international conference of Committee) Report of the Third primarily on coastal fisheries for the animal plenipotentiaries for further consideration The United Nations Conference on the protein of its diet and whose fishing methods of the questions left unsettled by the present Law of the Sea, are mainly limited to local fishing from small Conference. Taking note of the opinion of the Inter- boats, national Technical Conference on the Con- Recognizing that such situations call for TRIBUTE TO THE INTERNATIONAL LAW servation of the Living Resources of the Sea, exceptional measures befitting particular COMMISSION held in Rome in April/May 1955, as expressed needs, Resolution Adopted by the Conference on in paragraph 43 of its report, as to the effi- Considering that, because of the limited 27 April 1958 cacy of international conservation organiza- scope and exceptional nature of those situa- The United Nations Conference on the tions in furthering the conservation of the tions, any measures adopted to meet them Law of the Sea, on the conclusion of its pro- living resources of the sea, would be complementary to provisions in- ceedings, Believing that such organizations are valu- corporated in a universal system of interna- Resolves to pay a tribute of gratitude, re- able instruments for the co-ordination of tional law, spect and admiration to the International scientific effort upon the problem of fisheries Believing that States should collaborate to Law Commission for its excellent work in and for the making of agreements upon con- secure just treatment of such situations by the matter of the codification and develop- servation measures, regional agreements or by other means of ment of international law, in the form of Recommends: international co-operation, various drafts and commentaries of great 1. That States concerned should co- Recommends: juridical value. operate in establishing the necessary conser- 1. That where, for the purpose of conserva- I hereby certify that the foregoing text is vation regime through the medium of such a true copy of the Final Act and Resolutions organizations covering particular areas of tion, it becomes necessary to limit the total catch of a stock or stocks of fish in an area adopted by the United Nations Conference the high seas or species of living marine re- on the Law of the Sea, held at the European sources and conforming in other respects of the high seas adjacent to the territorial sea of a coastal State, any other States fish- Office of the United Nations at Geneva from with the recommendations contained in the 24 February to 27 April 1958, the original of report of the International Technical Con- ing in that area should collaborate with the coastal State to secure just treatment of such which is deposited with the Secretary-Gen- ference on the Conservation of the Living eral of the United Nations. Resources of the Sea; situations, by establishing agreed measures which shall recognize any preferential re- For the Secretary-General: 2. That these organizations should be used quirements of the coastal State resulting C. A. STAVROPOULOS, so far as practicable for the conduct of the from its dependence upon the fishery con- Legal Counsel. negotiations between States envisaged under cerned while having regard to the interests UNITED NATIONS, New York, articles 4, 5, 6 and 7 of the Convention on 7 November 1958. Fishing and Conservation of the Living Re- of the other States; sources of the High Seas, for the resolution 2. That appropriate conciliation and arbi- BEIRUT AGREEMENT of any disagreements and for the implemen- tral procedures shall be established for the Mr. MANSFIELD. Mr. President, I settlement of any disagreement. tation of agreed measures of conservation. rise to explain Executive V, 81st Con- CO-OPERATION IN CONSERVATION MEASURES RtGIME OF HISTORIC WATERS gress, 2d session, the agreement for fa- (Resolution Adopted on 25 April 1958, on (Resolution Adopted on 27 April 1958, on the cilitating the international circulation of the Report of the Third Committee) Report of the First Committee) visual and auditory materials of an edu- The United Nations Conference on the The United Nations Conference on the cational, scientific, and cultural char- Law of the Sea, Law of the Sea, acter, and a related protocol of signa- Taking note of the opinion of the Inter- Considering that the International Law ture. This agreement, because of its national Technical Conference on the Con- Commission has not provided for the r6gime of historic waters, including historic bays, formulation and adoption by the servation of the Living Resources of the Sea, UNESCO Conference in Beirut, Lebanon, held in Rome in April/May 1955, as reported Recognizing the importance of the juridi- in paragraphs 43(a), 54 and others of its re- cal status of such areas. in 1948, is commonly referred to as the port, that any effective conservation manage- Decides to request the General Assembly Beirut agreement. ment system must have the participation of of the United Nations to arrange for the The purpose of the agreement is to all States engaged in substantial exploitation study of the juridical r6gime of historic wa- encourage the free movement of edu- of the stock or stocks of living marine or- ters, including historic bays, and for the cational materials by eliminating cus- ganisms which are the object of the con- communication of the results of such study toms duties and quantitative limitations servation management system or having a to all States Members of the United Nations. on the importation of such audiovisual special interest in the conservation of that CONVENING OF A SECOND UNITED NATIONS materials as films, film strips, sound stock or stocks, CONFERENCE ON THE LAW OF THE SEA Recommends to the coastal States that, in recordings, glass slides, models, and wall the cases where a stock or stocks of fish or Resolution Adopted by the Conference on charts. Free entry would be provided, other living marine resources inhabit both 27 April 1958 however, only for such materials as are the fishing areas under their jurisdiction and The United Nations Conference on the certified by a government agency as Law of the Sea, areas of the adjacent high seas, they should educational in character. Considering that, on the basis of the re- cooperate, with such international conserva- The agreement does not apply to tion agencies as may be responsible for the port prepared by the International Law Com- development and application of conservation mission, it has approved agreements and printed materials or to entertainment measures in the adjacent high seas, in the other instruments on the r6gime applicable films or recordings. adoption and enforcement, as far as prac- to fishing and the conservation of the living As Senators will have noted in sec- ticable, of the necessary conservation meas- resources of the high seas, the exploration tion 2 of the committee report, the ures on fishing areas under their jurisdic- of the continental shelf and the exploitation United States to date has employed an tion. of its natural resources and other matters informal system of certification which 1960 CONGRESSIONAL RECORD - SENATE 11187 permits some educational American Finally, I would draw attention to the The executive branch considers the gen- films and other audiovisual materials to fact that our participation in the Beirut eral acceptance of abstention as a for- enter foreign countries duty free. But agreement would not automatically fol- ward step toward the achievement of the utility of this arrangement has de- low ratification, but would require im- the objective of conservation of marine pended entirely upon the good will and plementing legislation amending the resources and the maximum utilization sufferance of those countries, many of Tariff Act of 1930. Any member coun- of such resources in behalf of the gen- which have now become increasingly try may end its acceptance of the Beirut eral interest. reluctant to honor this Government's agreement 3 years after ratification. Therefore, the President's message to certificates on a nonreciprocal basis. Mr. President, the Committee on For- the Senate recommended that if the They consider their attitude fully war- eign Relations believes that this agree- Senate consents to ratification of this ranted in view of the fact that the ment has both cultural and commercial convention, it include in its resolution United States took the lead in proposing significance for the foreign policy inter- an understanding that ratification shall applica- and signing an international agreement ests of the United States. The commit- not be construed to impair the which it has not yet ratified despite the tee urges the Senate to give its advice bility of the principle of abstention. agreement's entry into force 6 years ago; and consent to ratification of the Beirut The Committee on Foreign Relations reso- 21 countries have signed the Beirut agreement and the related protocol of agrees with this procedure and the agreement; 12 of them have ratified and signature. lution before the Senate has this under- standing in it. A statement of the prin- now participate in its operation. LAW OF THE SEA CONVENTIONS ciple of abstention appears on page 8 of A number of these nations are in the Mr. MANSFIELD. Mr. President, the small, less-developed category which the committee's report. conventions now before the Senate, the the U.S. Government believes should The fourth convention concerns Executives J to N, inclusive, 86th Con- Continental Shelf. It gives coastal states have greater access to our culture and ex- inter- gress, 1st session, codify existing the exclusive right to exploit the natural panded means of understanding our poli- establish some new national law and resources of the shelf out to where the cies and free institutions. Participation with respect to activi- international law water above is 200 meters deep, or far- is open to all United Nations members. ties on the seas. An optional protocol However, no Communist bloc country ther if techniques or exploitation permit. provides for settlement of disputes con- The optional protocol of signature has signed the agreement in its decade cerning these matters. They were of Presumably only a nation concerns the compulsory settlement of existence. agreed upon at a United Nations confer- provides that disputes aris- the free exchange disputes. It with a society open to ence in Geneva, February to April 1958, or applica- of international influences would wish ing out of the interpretation and were signed by the United States on the law of the in the Beirut agreement. tion of any convention to participate and 52 other nations. juris- Should a closed society adhere to the sea shall be within the compulsory The first convention is on the terri- diction of the International Court of agreement, its own and other nations' torial sea and the contiguous zone. The reciprocal use of the restrictive articles Justice. convention codifies and settles questions transmittal of the IV and V would render such adherence Subsequent to the of international law on measuring the Depart- meaningless. conventions to the Senate, the belt of sea adjacent to a coast known as of State was informed by the legal In considering this agreement, em- ment the territorial sea and the 12-mile zone Nations that the phasis rightly should be given to its counsel of the United beyond it called the contiguous zone. certified true copies of the Convention on in terms of promoting inter- importance The rights of coastal states and visiting the Territorial Sea and the Contiguous understanding and, accord- national vessels in these areas, such as the right of Zone contain certain nonsubstantive ingly, of assisting this Government's in- innocent passage through the territorial typographical errors. These misprints formation program. At the same time, sea, are defined. are found in the English text of para- U.S. participation should prove very The questions of the breadth of the graph 3 of article 19 and the French business con- helpful to our audiovisual territorial sea and the fishing rights of text of paragraph 1 or article 6. I ask cerns. coastal states are not included in this unanimous consent, Mr. President, that This country is by far the largest pro- agreement, but were discussed in a sec- the correct versions of these two articles ducer of the audiovisual materials cov- ond conference in Geneva which ended be printed at this point in the RECORD. dollar value ered by the agreement; the this past month. As you are no doubt There being no objection, the correct of our exports is relatively great and is aware, the conference failed by only one versions were ordered to be printed in very increasing. Since our imports are vote to reach agreement on these vital the RECORD, as follows: small, participation in the agreement matters. involve an insignificant loss of convention defines the ex- On page 6 of the certified true copies of would The second the Convention on the Territorial Sea and customs revenue much outweighed by tent of high seas and some of the free- the Contiguous Zone, the text of paragraph the commercial opportunities that doms of the high seas. It gives the rules 3 of article 19 should read as follows: should open up for American exporters. for placing a state's flag on a vessel and "3. In the cases provided for in paragraphs U.S. participation in the agreement is for taking jurisdiction over a vessel. It 1 and 2 of this article, the coastal State shall, fully supported by the administration, contains rules on such subjects as safety if the captain so requests, advise the con- educators, and representatives of the at sea, piracy, hot pursuit, and pollution sular authority of the flag State before taking audiovisual industry, while the commit- of the high seas. any steps, and shall facilitate contact be- tee knows of no opposition from any The third convention concerns fishing tween such authority and the ship's crew. In cases of emergency this notification may be quarter. and conservation of living resources of communicated while the measures are being As the Senate has recently ratified the the high seas. It confirms the right to taken." so-called Florence agreement, which is fish but imposes a new duty upon states On page 232 of the certified true copies of quite similar in many respects, my col- to cooperate in conserving the living re- the Convention on the Continental Shelf, leagues will wish to be assured that this sources of the high seas. It provides the first sentence of paragraph 1 of article agreement is neither contradictory or for compulsory and speedy settlement, 6 of the convention should read as follows: unnecessary. The fact is that no more by a special five-man commission, of "1. Dans le cas oii un m~me plateau con- percent of American-produced disputes about conservation measures. tinental est adjacent aux territoires de deux than 10 se font qualify for cov- The convention does not contain the ou plusieurs Etats dont les cbtes educational films would face, la d6limitation du plateau continental erage under the terms of the Florence principle of abstention from fishing un- entre ces Etats est ddtermin6e par accord agreement. der certain circumstances which was entre ces Etats." A further explanatory point concerns favored by the United States. Mr. President, I the related protocol of signature. This This principle of abstention deals with Mr. MANSFIELD. protocol provides that the U.N. Secretary special fishery conservation problems. have been informed by Assistant Secre- the The object of the procedure is to en- tary of State, William Macomber, Jr., General will attach to the agreement by the model forms of certificates drawn up courage conservation in situations that if favorable action is taken by UNESCO to cover material produced where, but for some protection against Senate with respect to these conventions copies returned to the by international bodies recognized by fishing by third parties, incentive for and the certified Department, the Department will make the United Nations. conservation measures would be lacking. May 26 11188 CONGRESSIONAL RECORD - SENATE Following certification as to the educational in the texts. acter, and a related protocol of signature the necessary corrections Cong., 2d seas.), which were character of its shipment by the exporting into force, (Ex. V, 81st When the conventions enter opened for signature at Lake Success. N.Y., country, the appropriate governmental the correct texts will be printed in the on July 15, 1949, and were signed in behalf agency (the U.S. Information Agency in our treaties and other international acts of the United States on September 13, 1949, case) will decide whether the material is series and in the statutory publication recommends that the Senate advise and con- entitled to exemption from duties and other United States Treaties and Other Inter- sent to ratification of the agreement and restrictions. While it must report the rea- the protocol of signature. sons for a negative finding to the exporting national Agreements. country and to UNESCO, the country of A public hearing on these conventions 1. PURPOSE OF THE AGREEMENT entry has the right of final decision. More- was held January 20, 1960. No opposi- The main purpose of the Agreement for over, it is provided in article V that mem- tion was registered during this hearing Facilitating the International Circulation of ber nations may censor material in accord- or subsequently. The executive branch Visual and Auditory Materials of Educa- ance with their own laws or prohibit impor- witnesses stated that no State or Federal tional, Scientific, and Cultural Character tation for reasons of public security or pub- law would be overridden by the conven- (commonly known, and hereinafter re- lic order. In view of the exception of these as the Beirut agreement) is to The fishing industry has urged ferred to, articles from the provisions regarding settle- tions. eliminate national barriers to the free move- ment of disputes, the latter would appear their adoption. ment of such materials by removing customs limited and pro forma in nature. Finally, In the opinion of the Committee on duties and quantitative restrictions on their the country of entry may, if it wishes, insure Foreign Relations, adherence to the importation if they are certified as being that imported material shall only be ex- principles set forth in these conventions of the appropriate character. It is believed hibited or used for nonprofitmaking will reduce disputes and friction among that implementation of the agreement by purposes, nations and thereby serve the cause of this country would promote international The Beirut agreement may be denounced and friendly relations. There- education and good will, assist the U.S. by any country 3 years after its acceptance peaceful program, and prove fore, Mr. President, I hope the Senate Government information of membership through a written notifica- beneficial to our audiovisual business tion to the Secretary General of the United will give its advice and consent to the concerns. of the pending conventions Nations; the denunciation would take effect ratification 2. BACKGROUTD 1 year after its receipt. on the law of the sea and the optional Prior to the Second World War, there were of The related protocol of signature provides protocol concerning the settlement two international conventions in existence that the Secretary General will attach to the disputes arising on this subject. designed to facilitate the circulation of edu- agreement the model forms of certificates Mr. JAVITS. Mr. President, will the cational films. The United States for vari- drawn up by UNESCO to cover material pro- Senator from Montana yield, to permit ous reasons did not become a party to either duced by international organizations and me to ask some questions about the convention, and its films were consequently specialized agencies recognized by the United treaty which is now under consideration? at a disadvantage compared with those of Nations. These certificates require the ap- Mr. MANSFIELD. I yield. certain other countries in the matter of proval of countries which are members of preferential customs treatment. To alleviate UNESCO. Mr. JAVITS. Some years ago, in 1956, this problem, the Department of State in I believe, there was a controversy which 1941 began to certify the educational char- 4. COM MITTEE ACTION involved a legal opinion and a statement acter of American films so that they might The President of the United States on of policy by our State Department as enter, duty free, countries willing to recog- August 22, 1950, transmitted the Beirut to the fact that the Gulf of Aqaba, which nize those certificates on an informal basis; agreement and the protocol of signature to was then the heart of a very keen con- this program was extended in 1945 to in- the Senate with a view to receiving its advice and consent to ratification. troversy involving British, French, and clude filmstrips, slides, and recordings. Many thousands of certificates have since The Committee on Foreign Relations held Israeli forces, and involving what is now been issued and have been honored volun- a brief executive hearing on the agreement the United Arab Republic, was an inter- tarily by a number of American Republics in July 1957, but determined on no subse- national waterway. I should like to ask and British Commonwealth countries. quent course of action. The certification the Senator whether this convention, In order to regularize and extend this pro- system then existing, while restricted and which we are about to ratify, changes cedure, the United States at the end of uncertain, was working sufficiently well to that situation? World War II took the lead in proposing the forestall the need for an immediate decision. Mr. MANSFIELD. The treaties pro- creation of an international agreement under Since that time, however, certain countries vide for the measuring of this waterway, the auspices of the United Nations Educa- have become increasingly reluctant to honor that question is under active con- tional, Scientific, and Cultural Organization this Government's certificates without the and (UNESCO). The agreement was formu- prospect of reciprocal courtesy being ex- sideration. lated and adopted at the third session of tended. Mr. JAVITS. If we approve the the UNESCO General Conference held at Accordingly, the committee held an execu- treaty, will that change the situation Beirut, Lebanon, toward the end of 1948. tive hearing on February 2, 1960, at which upon which the legal opinion and the The United States was the second of 21 time the administration's case in favor of statement of policy by the State De- free-world countries to sign the agreement ratification was presented by Mr. George V. partment were based? in 1949. The Secretary General of the Allen, Director of the US. Information Mr. MANSFIELD. It will not. United Nations having received 10 instru- Agency. A statement of support for ratifica- Mr. JAVITS. In other words, what- ments of acceptance or accession, the Beirut tion was received from Secretary of State agreement came into force in August 1954. ever is that basis, it will remain the Christian A. Herter, and the committee noted To date, 12 of the 21 signatories have be- supporting communications from business same, unaffected by the treaty? come parties to the agreement. No Com- Mr. MANSFIELD. The Senator is and academic organizations. No opposition munist bloc country has joined or Is ex- to the agreement was made known to the correct. pected to join under existing circumstances. committee from any quarter. Mr. JAVITS. I thank the Senator 3. PROVISIONS OF THE AGREEMENT Several points of interest were developed from Montana. The audiovisual materials of an educa- during committee review of the agreement. Mr. MANSFIELD. Mr. President, I tional, scientific, or cultural character cov- In the first place, the United States is by ask unanimous consent that the reports ered by the Beirut agreement consist of far the major world producer of educational of the Foreign Relations Committee on films, filmstrips, and microfilm; sound re- audiovisual materials, and it is estimated the respective treaties being considered cordings; glass slides; models; wall charts, that the value of our exports of such mate- this afternoon by the Senate be printed maps, and posters. These materials would rials will continue to exceed that of im- ported materials by a tremendous margin; point in the RECORD, prior to the be exempted from customs duties and at this quantitative restrictions, and from the ne- the likely loss of revenue on duty-free im- taking of the vote. cessity of applying for an import license to ports would only amount to a few thousand There being no objection, the reports cover them. It should be noted here that, dollars. Secondly, it was stressed that the (Ex. Rept. No. 4 and Ex. Rept. No. 5) while it accepted the duty-free provision, the Beirut agreement is not self-executing. The were ordered to be printed in the REc- Netherlands Government at the time of sig- passage of implementing legislation, amend- ORD, as follows: nature entered a reservation regarding the ing section 201 of the Tariff Act of 1930, quantitative and licensing clauses. Should would be required following ratification. EXECUTIvz REPORT No. 4--AN AGREEMENT RE- that position distinctions LATING TO INTERNATIONAL CIRCULATION OF the Netherlands maintain A third point concerned the the VISUAL AND AUDITORY MATERIALS whenever it ratified the agreement, to be drawn between this agreement and other member countries could, of course, the so-called Florence agreement recently The Committee on Foreign Relations, hav- reciprocally invoke the reservation against ratified by the Senate. Not only is the ing had under consideration an Agreement that Government. Beirut agreement confined to audiovisual for Facilitating the International Circula- Article IV of the agreement sets forth the materials, but the fact is that over 90 per- tion of Visual and Auditory Materials of an procedure to be employed to obtain duty- cent of U.S. educational film exports are Educational, Scientific, and Cultural Char- free entry of these audiovisual materials. cleared through oversea offices of U.S. ex- 1960 CONGRESSIONAL RECORD - SENATE 11189 porters for delivery to importing organiza- The General Assembly, by Resolution be drawn within the bay in such a manner tions which would not be covered by the 1105(XI) of February 21, 1957, provided terms as to enclose the maximum area of water that restricted terms of the Florence agreement. of reference for an International Conference is possible with a line of that length. Fixing However, since the remaining percentage of of Plenipotentiaries to examine the law of the allowable length of the closing line at 24 such films are directly imported by foreign the sea, taking into account the legal, bio- miles is a significant departure from the rule educational institutions qualifying under logical, economic, and political aspects of which had been recognized by many govern- the Florence agreement, the two agreements the problem. The General Assembly also rec- ments and which had fixed the maximum are not redundant or contradictory, but in- ommended that the Conference study the length of the closing line at 10 miles. The stead are complementary. Entertainment question of free access to the sea of land- liberalization of this requirement will qualify materials are not covered in either agree- locked countries. many bay areas of the world for conversion to ment. The United Nations Conference on the Law internal waters, thereby bringing under na- The committee in executive session on Feb- of the Sea was held at Geneva from February tional control areas heretofore classed as ruary 10 unanimously reported the Beirut 24 to April 27, 1958, and resulted in the fol- high seas-for example, Cape Cod Bay. agreement favorably to the Senate. lowing four conventions and an optional The convention defines the respective protocol, dated April 29, 1958: rights, duties, and responsibilities of the a. CONCLUSION 1. Convention on the Territorial Sea and coastal state and foreign vessels in the terri- The Committee on Foreign Relations ac- the Contiguous Zone; torial sea. These provisions are largely de- cepts the administration's view that the 2. Convention on the High Seas; claratory of existing international law. agreement has both cultural and commercial 3. Convention on Fishing and Conserva- Articles 14 through 17 deal with the right significance for the foreign policy interests tion of the Living Resources of the High of innocent passage through the territorial of the United States. On the one hand, Seas; sea. Passage is defined as "innocent" so long through increased exports of audiovisual 4. Convention on the Continental Shelf; as it is not prejudicial to the peace, good materials the United States would be demon- and order, or security of the coastal state. This strating abroad its ways of thought and liv- 5. Optional Protocol of Signature Concern- simple, yet precise, definition of innocent ing as well as its technical proficiency. On ing the Compulsory Settlement of Disputes. passage, something which has not heretofore the other, as the principal producer and ex- The conventions were signed on behalf of existed in international law, affords to mari- porter of such materials, the United States the United States of America on September time navigation the greatest freedom of would benefit commercially from obtaining 15, 1958, and have been signed by 52 states; movement consistent with the necessity of duty-free entry for these products into other some states not signing every convention. the coastal state to protect itself. free-world countries. While in some instances the proposed rules The right of passage of foreign fishing ves- The committee urges the Senate to give its tend to clarify issues that have been in con- sels is more restricted. Their passage is not advice and consent to ratification of the troversy in recent years, the greater part of considered innocent if they do not also ob- Beirut agreement and the related protocol the rules are declaratory of the present prac- serve the laws and regulations made by the of signature. tice of states and may be considered accepted coastal state to prevent such vessels from international law even without the conven- fishing in the territorial sea. ExEcUTIvE REPORT No. 5--LAw OF THE SEA tions being ratified. Article 14 contains the words "whether CONVENTIONS MAIN PROVISIONS coastal or not" to indicate clearly that the The Committee on Foreign Relations, hav- right of innocent passage through the terri- ing had under consideration Executives J to 1. Convention on the TerritorialSea and the torial sea applies to ships of landlocked coun- N, inclusive, four conventions on the law of Contiguous Zone tries as well as to ships of coastal states. the sea, and an optional protocol concerning The Convention on the Territorial Sea and This was done in compliance with a request the settlement of disputes, reports the con- the Contiguous Zone embodies those prin- by the United Nations General Assembly ventions and the protocol without objection ciples of international law that have specific which asked the Conference on the Law of and recommends that the Senate give its reference to the status of these areas of the the Sea to study the question of free access advice and consent to their ratification. sea, their demarcation, and the rights and to the sea of landlocked countries as estab- PURPOSE OF THE CONVENTIONS responsibilities of both the coastal state and lished by international practice or treaties. the community of nations with respect to The purpose of the four conventions and Article 16 provides for the temporary sus- them. The first articles of the 32 contained pension in specified areas of the territorial the optional protocol on the law of the sea in this convention reiterate the universally sea of the right of innocent passage for se- is to codify existing international law and to recognized principle of the sovereignty of the establish additional international law in this curity reasons. On the other hand, no such coastal state over its internal waters and the suspension in straits which are used for in- field. The conventions are concerned with territorial seas, and that this right of sov- the rights and duties of states and vessels in ternational navigation between one part of ereignty extends to the airspace over the ter- the high seas and another part of the high the territorial sea, contiguous zone, and on ritorial sea as well as to its bed and subsoil. the high seas, rights and responsibilities with seas or the territorial sea of a state is permis- regard to fishing and conservation on the The convention recognizes two methods for sible. determining the base line, that is, the line high seas, and the formulation of "interna- Article 21 provides that government ships from which the territorial sea is measured. tional law" with respect to the exploitation operated for commercial purposes are sub- The first method, long recognized as the gen- ject to the same rules as other merchant of the natural resources of the Continental eral rule, establishes as the base line the low Shelf. Not covered in these conventions are ships. This provision was opposed by the water line following the sinuosities of the the questions of the breadth of the terri- Soviet Union and other state-trading coun- coast. The second method, which is an ex- tries which desired immunity for such ves- torial sea and the extent of exclusive fishing ception to the general rule, allows the use rights of coastal states. sels. of straight base lines joining appropriate Article 24, which provides that in a zone of BACKGROUND points where the coast line is deeply indented the high seas contiguous to its territorial The International Law Commission of the or where there is a fringe of islands along sea-limited to 12 miles from the base line of United Nations at its first session in 1949 the coast in its immediate vicinity. the territorial sea-the coastal state may pre- decided to study the law of the high seas and Where the straight base line is allowed it vent Infringement of its customs, fiscal, im- the law of the territorial sea with a view to has the effect of bringing into the territorial migration, or sanitary regulations and pun- codification. This was done at subsequent sea areas of water heretofore considered high ish infringement of such regulations. Al- sessions, draft rules were prepared, and com- seas. Hence, where the straight base line is though it has become fairly common practice ments of governments were considered. The applied the coastal state must indicate the for the coastal state to exercise a special ju- Commission completed Its work at its eighth lines on published charts. risdiction in a limited area of the high seas session (1956) and pursuant to General As- Article 5 of the convention preserves a contiguous to the territorial sea, particularly sembly Resolution 899(IX) of December 14, right of innocent passage through waters in customs matters, no definite rule had been 1954, the Commission grouped together in its converted from high seas or territorial sea to agreed upon. Article 24 confirms the prac- report all the rules it had adopted concern- internal waters by application of the straight tice followed by the United States of exercis- ing the high seas, the territorial sea, the base-line system permitted by article 4. Ap- ing customs jurisdiction over a zone outside Continental Shelf, the contiguous zone, and plication of the rules of the Convention on of its territorial sea. the conservation of the living resources of the Territorial Sea and the Contiguous Zone This convention does not fix the breadth of the sea. concerning straight base lines would not the territorial sea. This subject and the The final report of the Commission stated have the effect of changing the status of closely related one of the extent to which the that its draft rules on the law of the sea waters which are now internal. coastal state should have exclusive fishing were a mixture of codification of existing The general principles relating to bays rights in the sea off its coast were hotly de- international law and recommendations for which are Included in the convention pro- bated without any conclusion being reached. the progressive development of international vide that a bay, the coasts of which are A U.S. proposal for a 6-mile territorial sea law and that it had been unable to separate owned by a single state and having certain plus exclusive fishing rights for the coastal the two. It therefore recommended that the geographical characteristics, is considered in- state in a contiguous 6-mile zone (subject to United Nations General Assembly call an ternal waters. The closing line of the bay fishing rights of other states established international conference to examine the law must not be longer than 24 miles, and if the through fishing over a 5-year period) received of the sea, and to try to reach agreement natural entrance of the bay is of a greater 45 votes in favor and 33 against, but failed to on appropriate international conventions. width, a straight base line of 24 miles may get the two-thirds required for adoption. 11190 CONGRESSIONAL RECORD - SENATE May 26

When the U.S. compromise failed, the felt their flag vessels were at a competitive As to the dumping of atomic waste, the that each state shall chairman of the American delegation to the disadvantage with vessels sailing under the convention provides Conference, Arthur H. Dean, stated: flags of other states, such as Panama and take measures to prevent pollution of the "Our offer to agree on a 6-mile breadth of Liberia, were anxious to adopt a definition seas, taking into account standards and by the territorial sea, provided agreement could which states like Panama and Liberia could regulations which may be formulated be reached on such a breadth under certain not meet. competent international organizations in conditions, was simply an offer and nothing By a vote of 30 states, including the taking measures to prevent pollution of the more. Its nonacceptance leaves the preex- United States, against 15 states for, and seas from this source. The Atomic Energy isting situation intact. 17 states abstaining, the provision was elim- Commission exercises, under the Atomic "We have made it clear from the beginning inated which would have enabled states Energy Act of 1954, as amended (42 U.S.C. that in our view the 3-mile rule is and will other than the flag state to withhold recog- 2011), control over dumping of radioactive continue to be established international law, nition of the national character of a ship waste at sea on a case-by-case basis through to which we adhere. It is the only breadth if they considered that there was no "gen- Its licensing procedures. of the territorial sea on which there has ever uine link" between the state and the ship. 3. Convention on Fishing and Conservation been anything like common agreement. Thus, under the Convention on the High of the Living Resources of the High Seas Unilateral acts of states claiming greater ter- Seas, it is for each state to determine how This convention, which contains 22 ar- ritorial seas are not only not sanctioned by it shall exercise jurisdiction and control in ticles, establishes a new legal system for any principle of international law, but are in- administrative, technical and social mat- the conservation of the marine resources deed in conflict with the universally accepted ters over ships flying Its flag. The "genuine of the high seas. Its aim is to obtain principle of freedom of the seas." link" requirement need not have any effect through international cooperation the "op- He noted further that- upon the practice of registering American timum sustainable yield" from the living "We have made it clear that in our view built or owned vessels in such countries as resources of the high seas in order to secure there is no obligation on the part of the Panama or Liberia. The existence of a a "maximum supply of food" to meet the states adhering to the 3-mile rule to recog- "genuine link" between the state and the needs of the world's expanding population. nize claims on the part of other states to a ship Is not a condition of recognition of the The convention contains orderly proce- greater breadth of the territorial sea. On nationality of a ship; that is, no state can dures for resolving disputes among nations that we stand." claim the right to determine unilaterally over fishing rights and interests on the high The General Assembly of the United Na- that no genuine link exists between a ship seas. tions has convened a second international and the flag state. Nevertheless here is a The convention imposes on all states the conference for the further consideration of possibility that a state, with r;hpect to a duty to adopt conservation measures to con- the questions of the breadth of the territorial particular ship, may assert before an agreed serve high seas fisheries, and recognizes in sea and fishing rights in coastal waters. It tribunal, such as the International Court the coastal state a special right to partici- opened at Geneva on March 17, 1960. of Justice, that no genuine link exists. In pate in the establishment of the conserva- 2. Convention on the High Seas such event, it would be for the Court to tion measures applicable to stocks of fish in decide whether or not a "genuine link" areas of the high seas adjacent to its terri- The convention defines the term "high existed. seas" as comprising all parts of the sea ex- torial sea. The framework for a new sys- cept the territorial seas and internal waters. IMMUNITY OF STATE-OWNED VESSELS tem of international cooperation for fishery Freedom of the high seas is confirmed as the Article 8 of the convention defines "war- purposes is provided for by articles 3 to 8, basic principle of the law of the sea. En- ships" and states that they have complete which spell out new rights and duties for joyed by the world community since the 17th immunity on the high seas. Another article both the fishing and coastal states which century, not a dissenting vote was cast states that state ships used only on govern- become parties to the convention. against this principle at Geneva. Freedom ment noncommercial service shall have the Article 9 requires compulsory arbitration of the seas includes for both coastal and the same immunity as warships. The Soviet of any dispute relating to the negotiation noncoastal states: freedom of navigation, bloc sought unsuccessfully to assimilate all and operation of conservation agreements if freedom of fishing, freedom to lay submarine government ships, whether commercial or requested by any of the parties to a dispute cables and pipelines, and freedom to fly over noncommercial, to warships. and provided settlement by other peaceful means Is not agreed upon. The arbitral the high seas. Article 11 has the effect of reversing the A proposal was made during the Con- body shall be a five-man commission to be decision of the Permanent Court of Inter- to provisions banning nuclear named by agreement between the parties ference to insert national Justice in the Lotus case because it the dispute. Failing such agreement, the on the high seas and military exer- testing provides that only the flag state, or the state Commission shall be named by the Secre- cises near foreign coasts or on international of which the accused is a national, may tary General of the United Nations from sea routes. The Conference defeated the exercise penal jurisdiction with respect to among well-qualified persons, not nationals proposal, but a resolution was passed re- incidents of navigation on the high seas. ferring the matter of nuclear testing to the of the states involved in the dispute, and This article also provides that only the is- "specializing in legal, administrative, or sci- General Assembly of the United Nations suing state may withdraw licenses and cer- entific questions relating to fisheries." for appropriate action. tificates of competence and that only the THE PRINCIPLE OF ABSTENTION '"GENUINE LINK" authorities of the flag state may order the detention of a ship. The United States would have preferred Articles 4 and 5 provide that every state, Regarding pollution of the high seas, the that the convention include a provision on coastal or landlocked, has the right to sail convention treats separately the discharge ships under its flag on the high seas and abstention. A resolution proposed on the fix the conditions under which it will grant of oil, the dumping of atomic waste, and subject failed by a narrow margin to secure pollution of the high seas or airspace above the necessary two-third, vote. At the con- nationality to ships and the right to fly resulting from any "activities with radio- clusion of the Conference consultations were its flag. active materials or other harmful objects." held with representatives of the fishing in- Article 5, section 1, reads as follows: In regard to oil pollution, article 24 of the dustry in the United States, resulting in "Each State shall fix the conditions for convention provides that- approval by the industry of an understand- the grant of Its nationality to ships, for "Every state shall draw up regulations to ing regarding abstention to be recommended the registration of ships in its territory, prevent pollution of the seas * * * " to the Senate. The President's message to and for the right to fly its flag. Ships have At present the U.S. Government does not the Senate contained the text of the under- the nationality of the State whose flag they standing as follows: are entitled to fly. There must exist a have any statutes or regulations pertaining to the matter of oil pollution beyond the "In the event that the Senate advises and genuine link between the state and the territorial sea by vessels. The shipping consents to ratification of the Convention ship; In particular the state must effectively industry has followed a voluntary program on Fishing and Conservation of the Living exercise its jurisdiction and control in ad- aimed at preventing pollution of the sea Resources of the High Seas, it is requested ministrative, technical and social matters that it enter an understanding in its resolu- over ships flying its flag." by oil. On February 15, 1960, however, the 'International Convention for Prevention of tion of advice and consent as follows: The International Law Commission did Pollution of the Sea by Oil was sent to the "'Resolved (two-thirds of the Senators not decide upon a definition of the term present concurring therein), That the Sen- "genuine link." This article as originally Senate. Upon adherence to this convention, there would be regulations on this subject ate advise and consent to the ratification drafted by the Commission would have of Executive -, Eighty-Sixth Congress, first authorized other states to determine wheth- which U.S.-flag vessels would be obligated to observe. session, an agreement entitled "Convention er there was a "genuine link" between a on Fishing and Conservation of the Living ship and the flag state for purposes of Regulations aimed at minimizing the pos- Resources of the High Seas," adopted by the recognition of the nationality of the ship. sibility of pollution from exploitation of the United Nations Conference on the Law of It was felt by some states attending the oil resources of the Continental Shelf have the Sea at Geneva on April 29, 1958. Conference on the Law of the Sea that the been issued pursuant to the Outer Con- "'It is the understanding of the Senate, term "genuine link" could, depending upon tinental Shelf Lands Act (43 U.S.C. 1331) which understanding inheres in its advice how it were defined, limit the discretion and are incorporated In the Department of and consent to the ratification of this agree- of a state to decide which ships it would Interior regulations regarding submerged ment, that such ratification shall not be permit to fly its flag. Some states, which lands. construed to impair the applicability of the 1960 CONGRESSIONAL RECORD - SENATE 11191 principle of "abstention," as defined in par- Article 3 of the convention provides that the Westgate California Corp. of San Diego, sup- agraph A.1 of the documents of record in rights of the coastal state over the Conti- ported the ratification of these conventions. the proceedings of the conference above nental Shelf do not affect the legal status of Mr. William R. Neblett, executive director of referred to, identified as A/CONF.13/C.3/L69, the superjacent waters as high seas or that the National Shrimp Congress, Inc., testified 8 April 1958.'" of the airspace above those waters. that the groups he represented supported the A-CONF.13-C.3-L69, April 8, 1958, reads The only controversy at the Conference on conventions. Mr. Fred Myers, executive di- as follows: the Law of the Sea on this convention con- rector of the Humane Society of the United "1. Where the nationals of a coastal state, cerned the definition of "natural resources" States, gave the support of his organization alone or with the nationals of one or more of the shelf. The Conference adopted a joint for ratification of the conventions and urged other states, are (a) fishing a stock of fish proposal of Australia, Ceylon, Malaya, India, the employment of humane methods of kill- in an area of the high seas adjacent to the Norway, and the United Kingdom defining ing animals of the sea, especially whales, territorial sea of the coastal state with such natural resources as the mineral and other seals, and polar bears. Letters and telegrams intensity that an increase In fishing effort nonliving resources of the sea bed and sub- received from numerous organizations repre- will not result in a substantial increase in soil, together with living organisms which at senting the U.S. fishing industry were unani- the yield which can be maintained year after the harvestable stage either are immobile mous in urging approval of the conventions. year, and (b) where the maintenance of the on or under the sea bed or are unable to No opposition was registered. On April 5, current yield, or when possible, the further move except in constant physical contact 1960, the committee voted without objection development of it is dependent upon a con- with the sea bed or subsoil. to report the conventions favorably to the servation program carried out by those Under this definition, for example, clams, Senate. states, involving research and limitations oysters, and abalone are included as "nat- CONCLUSION upon the size or quantity of the fish which ural resources" whereas shrimp, lobsters, and may be caught, then (c) states whose na- The Committee on Foreign Relations was finny fish are not. impressed tionals are not fishing the stock regularly with the following list of bene- or which have not theretofore done so with- 5. Optional Protocol of Signature Concern- fits accruing to the United States pursuant in a reasonable period of time, shall abstain ing the Compulsory Settlement of Dis- to the law of the sea conventions, which was from fishing such stock, provided however putes furnished by the Department of State: that this shall not apply to any coastal Article I provides that disputes arising out "As a country which believes in the rule state with respect to fishing any stock in of the interpretation or application of any of law, any agreement on the rules of Inter- waters adjacent to its territorial sea." convention on the law of the sea shall lie national law to which the United States can The principle of abstention is a procedure within the compulsory jurisdiction of the subscribe is of benefit to it. It is also of for dealing with special fishery conserva- International Court of Justice, and may ac- benefit to the United States as a principal tion problems. It is incorporated in the cordingly be brought before the Court by maritime and naval power to have interna- North Pacific Fisheries Convention between an application made by any party to the tional agreement on the law of the sea. the United States, Canada, and Japan. The dispute which is also a party to the proto- Aside from these benefits of a general nature, object of the procedure is to encourage con- col. This means that with respect to the the following are some of the more specific servation in situations where, but for some subjects covered by these conventions the benefits to the United States. protection against fishing by third parties, United States would not attempt to reserve "In the Convention on the Territorial Sea incentive for conservation measures would to itself the right to determine whether or and the Contiguous Zone, the articles on be lacking. not a matter lay within the domestic juris- straight base lines, innocent passage and the It is necessary to have an "understanding" diction of the United States. Such an un- contiguous zone are a marked advance in the about the lack of the principle in the con- dertaking has become common in recent content and formulation of international law. vention because article 1 of the convention years in treaties to which the United States By restricting the use of the straight base- states: is a party. line method to certain exceptional geographic "All states have the right for their na- Article II provides that this procedure cov- situations, its Indiscriminate use to reduce tionals to engage in fishing on the high ers all the conventions on the law of the sea to internal waters large areas heretofore re- seas. * * *" except, in the Convention on Fishing and garded as high seas or territorial sea is pre- It might therefore be thought that appli- Conservation of the Living Resources of the vented. This is in the interest of the United cation of the abstention principle is not High Seas, articles 4, 5, 6, 7, and 8, to which States which believes in the greatest possi- entirely compatible with freedom of fishing. articles 9, 10, 11, and 12 of that convention ble freedom of the seas. The article defining The executive branch intends to continue (calling for special arbitration commissions passage as innocent so long as it is not preju- to pursue the general acceptance of "ab- of experts) remain applicable. dicial to the peace, good order, or security of stention" as a forward step toward the The parties may agree to resort to an ar- the coastal state furnishes a clear, simple, achievement of the objective of conservation bitral tribunal, pursuant to article III, or and precise definition of innocent passage, of marine resources and the maximum utili- may agree to adopt a conciliation procedure, something which has not heretofore existed zation of such resources in behalf of the pursuant to article IV, before resorting to the in international law. It thus affords to general Interest. International Court of Justice. maritime navigation the greatest freedom of movement consistent with the necessity 4. Convention on the Continental Shelf COMMITTEE ACTION of the coastal state to protect itself. Article The Continental Shelf as a legal concept The four conventions and the optional 24 on the contiguous zone is of benefit to gained impetus with the Truman proclama- protocol were transmitted to the Senate on the United States since it confirms the prac- tion of September 1945, which announced September 9, 1959. The Committee on For- tice followed by the United States of exer- that the United States regards the natural eign Relations held a public hearing on cising customs jurisdiction over a zone out- resources of the subsoil and the seabed of January 20, 1960, and the record was held side of its territorial sea and also sanctions the Continental Shelf beneath the high seas open for 30 days thereafter. The principal the exercise of similar jurisdiction for fiscal, but contiguous to the coasts of the United executive branch witness was Mr. Arthur H. immigration, and sanitary purposes in a con- States as subject to its jurisdiction and con- Dean, special consultant to the Department tiguous zone, the outer limit of which is trol. By 1956 some 20 states had made of State, who was chief of the U.S. delega- 12 miles from the coast. claims with respect to the shelf. The Con- tion at the negotiations in Geneva which re- "While the Convention on the High Seas vention on the Continental Shelf converts sulted in these conventions. is generally declaratory of existing principles this state practice into codified international During the questioning of Mr. Dean, Sena- of international law, by codifying these prin- law. tor MANSFIELD raised the question of the use ciples in agreed terms, the convention should Article 1 defines the term "Continental of the high seas for the testing of nuclear or help to provide stability and avoid disputes Shelf" as meaning the seabed and subsoil other dangerous weapons. Mr. Dean testi- in this field of international law. of the submarine areas adjacent to the coast fied that when this general problem was "The Convention on Fishing and Conser- but outside the area of the territorial sea, raised during the Geneva Conference it was vation of the Living Resources of the High to a depth of 200 meters or, beyond that the consensus of the Conference that the Seas could prove to be particularly beneficial limit, to where the depth of the superjacent matter should be referred to the General to the United States which is one of the great waters admits of the exploitation of the Assembly of the United Nations to be taken fishing nations of the world. As such, it has natural resources of the said areas. It also up at the Conference on Disarmament in far flung and highly diversified high seas includes the seabed and subsoil of similar Geneva. fisheries interests. Since the resources of the areas adjacent to the coasts of islands. During the questioning by Senator LONG, sea are not inexhaustible, with the advent of Article 2 provides that the coastal state Mr. Dean made clear that the conventions modern-day fishing vessels, equipment, and exercises over the Continental Shelf "sover- do not affect the relative rights as between techniques, stocks of fish are more than ever eign rights" for the purpose of exploring and the several States of the United States and vulnerable to overexploitation by the fisher- exploiting its natural resources. These the Federal Government. The conventions men of many states. If this is to be avoided, rights are exclusive. The term "sovereign only affect the rights of the United States it behooves the nations in concern to agree rights" was contained in the International as a sovereign state with respect to the rights upon appropriate conservation regimes along Law Commission draft and was a compromise of other sovereign states. rational lines. between the views of those states which de- Mr. W. M. Chapman, representing the "The Convention on Fishing and Conserva- sired to use the term "sovereignty" and those American Tunaboat Association, the Cali- tion of the Living Resources of the High Seas which preferred "jurisdiction and control." fornia Fish Canners Association, and the is the first international legislation dealing 11192 CONGRESSIONAL RECORD - SENATE May 26 comprehensively with conservation problems. Executive K, Eighty-sixth Congress, first ses- Mexico [Mr. CHAVEZ], the Senator from As a code regulating the conservation of sion, a Convention on the High Seas, dated Idaho [Mr. CHURCH], the Senator from maritime resources, it provides a sound basis at Geneva, April 29, 1958, and signed on be- Michigan [Mr. HART], the Senator from for international cooperation in determining of the United States of America on Sep- half Missouri [Mr. HENNINGS], the the need for and in the adoption of such tember 15, 1958. Senator conservation measures as are necessary to from Minnesota [Mr. HUMPHREY], the maximize the productivity of high seas fish- EXECUTIVE L Senator from North Carolina [Mr. ery resources. At the same time, the conven- Resolved (two-thirds of the Senators pres- JORDAN], the Senator from Tennessee tion represents a long step toward the de- ent concurring therein), That the Senate ad- [Mr. KEFAUVER], the Senator from Ar- velopment of orderly procedures for resolving vise and consent to the ratification of kansas [Mr. MCCLELLAN], the Senator problems that provide the basis for disputes Executive L, Eighty-sixth Congress, first ses- from Michigan [Mr. MCNAMARA], the among nations over fishing rights and inter- sion, an agreement entitled "Convention on ests on the high seas. The United States has Senator from Wyoming [Mr. Fishing and Conservation of the Living Re- O'MAHONEY], the Senator from Alabama had its share of these. sources of the High Seas," adopted by the "The Convention on the Continental Shelf [Mr. SPARKMAN] would each vote "yea." United Nations Conference on the Law of the Mr. KUCHEL. is particularly significant and beneficial to Sea at Geneva on April 29, 1958. I announce that the the United States which is one of the prin- It is the understanding of the Senate, Senator from Nebraska [Mr. CURTIS] is cipal countries making use of the natural which understanding inheres in its advice necessarily absent. resources of the shelf because the conven- and consent to the ratification The Senator from Indiana [Mr. tion reflects for the first time international of this agree- ment, that such ratification shall not be CAPEHART] is absent agreement on the rules governing the explo- because of death in ration and exploitation of this vast sub- construed to impair the applicability of the his immediate family. principle of "abstention", as defined in para- marine area of the world. The convention The Senator from South Dakota [Mr. graph A.1 of the should prove specially beneficial to the documents of record in the CASE] and the Senator from Kansas proceedings of the conference above referred United States since it endorses numerous [Mr. SCHOEPPEL] are absent on official principles which the United States has been to, identified as A/CONF.13/C.3/L69, April 8, 1958. business. following since they were enunciated in the The Senator from Hawaii [Mr. FONG] 1945 proclamation of President Truman con- cerning the Continental Shelf. EXECUTIVE M is absent on official business as a mem- "Finally, the optional protocol would be Resolved (two-thirds of the Senators pres- ber of the official delegation to attend beneficial in that it is in accordance with the ent concurring therein), That the Senate the 150th celebration in Buenos Aires. U.S. policy of striving for solution of inter- advise and consent to the ratification of If present and voting, the Senator from national disputes by peaceful means." Executive M, Eighty-sixth Congress, first ses- Nebraska [Mr. CURTIS] would vote The committee believes that adherence to sion, a Convention on the Continental Shelf, "yea." dated at Geneva, April 29, 1958, and signed on the principles set forth in the law of the sea The yeas and nays conventions will reduce disputes and friction behalf of the United States of America on resulted-yeas 77, among nations and thereby serve the cause September 15, 1958. nays 4, as follows: of peaceful and friendly relations among the [No. 2021 nations of the world. The committee, there- EXECUTIVE N YEAS-77 fore, recommends that the Senate give its Resolved (two-thirds of the Senators pres- Alken Gore Monroney advice and consent to the ratification of the ent concurring therein), That the Senate ad- Allott Green Morse pending conventions and the optional proto- vise and consent to the ratification of Anderson Gruening Morton col on the law of the sea and include in its Executive N, Eighty-sixth Congress, first ses- Bartlett Hartke Moss Beall Hayden resolution of ratification an understanding sion, An Optional Protocol of Signature Con- Mundt on the principle of abstention. Bennett Hickenlooper Murray cerning the Compulsory Settlement of Dis- Bible Hill Muskie putes, dated Mr. MANSFIELD. Mr. President, I at Geneva, April 29, 1958, and Bridges Holland Pastore signed on behalf of the United States of Brunsdale Hruska Prouty ask that the Senate vote en bloc on the America on September 15, 1958. Bush Jackson Proxmlre various instruments. Butler Javits Randolph The PRESIDING OFFICER. If there The PRESIDING OFFICER. Under Byrd, Va. Johnson, Tex. Robertson the unanimous consent agreement, the Carlson Johnston, S.C. Saltonstall be no objection, the agreements, con- Carroll Keating Scott ventions, and optional protocol of signa- question will now be taken on advising Case, N.J. Kennedy Smathers ture will be considered as having passed and consenting to the resolution of Clark Kerr Smith ratification of Executive V. The reso- Cooper Kuchel Stennis through their various parliamentary Cotton Lausche Symington stages up to and including the presenta- lutions of ratification of Executive J, Dirksen Long, Hawaii Thurmond tion of the respective resolutions of Executive K, Executive L, Executive M, Dodd Long, La. Wiley and Executive N will be deemed to have Douglas Lusk Williams, Del. ratification. Dworshak McCarthy Williams, N.J. The resolutions of ratification, with been respectively agreed to by the same Eastland McGee Yarborough the understanding and accompanying vote. Engle Magnuson Young, N. Dak. The yeas and nays have been ordered, Ervin Mansfield Young, Ohio statements, were read as follows: Fulbright Martin and the clerk will call the roll. EXECUTIVE V NAYS-4 Resolved (two-thirds of the Senators pres- The Chief Clerk called the roll. Mr. MANSFIELD. Byrd, W. Va. Goldwater Russell ent concurring therein), That the Senate ad- I announce that Frear vise and consent to the ratification of the the Senator from Nevada [Mr. CANNON], NOT VOTING-19 Agreement for Facilitating the International the Senator from New Mexico [Mr. Cannon Fong McNamara Circulation of Visual and Auditory Materials CHAVEZ], the Senator from Idaho [Mr. Capehart Hart O'Mahoney of an Educational, Scientific, and Cultural CHURCH], the Senator from Louisiana Case, S. Dak. Hennings Schoeppel Chavez Humphrey Sparkman Character, and a related protocol of signa- [Mr. ELLENDER], the Senator from ture (Executive V, Eighty-first Congress, Church Jordan . Talmadge Michigan [Mr. HART], the Senator Second Session), which were opened for from Curtis Kefauver Minnesota Ellender McClellan signature at Lake Success, New York, on [Mr. HUMPHREY], the Sena- July 15, 1949, and were signed in behalf of tor from Tennessee [Mr. KEFAUVER], the The PRESIDING OFFICER. On this the United States on September 13, 1949. Senator from Arkansas [Mr. MCCLEL- vote, the yeas are 77, the nays are 4; LAN], the Senator from Alabama [Mr. and the respective resolutions of ratifi- EXECUTIVE J SPARKMAN], and the Senator from Geor- cation are agreed to. Resolved (two-thirds of the Senators pres- gia [Mr. TALMADGE] are absent on official Without objection, the President will ent concurring therein), That the Senate business. be immediately notified of the agreement advise and consent to the ratification of The Senator from Missouri [Mr. Executive J, Eighty-sixth to the respective resolutions of ratifica- Congress, First HENNINGS] and the Senator from Michi- Session, a convention on the Territorial Sea tion. gan [Mr. MCNAMARA] and the Contiguous Zone, dated at Geneva, are absent because Mr. JOHNSON of Texas subsequently April 29, 1958, and signed on behalf of the of illness. said: Mr. President, I ask unanimous United States of America on September 15, The Senator from North Carolina consent that the votes by which the reso- 1958. I Mr. JORDAN] and the Senator from lutions of ratification of Calendar Nos. Wyoming [Mr. O'MAHONEY] are neces- 4, 5, 6, 7, 8, and 9 on the Executive EXECUTIVE K sarily absent. Calendar, be reconsidered and that it be Resolved (two-thirds of the Senators pres- I further announce that if present in order, without further debate, if they ent concurringtherein), That the Senate ad- and voting, the Senator from Nevada vise and consent to the ratification of are reconsidered, that we take a separate [Mr. CANNON], the Senator from New vote on Calendar No. 9, Executive N. 1960 CONGRESSIONAL RECORD - SENATE 11193 The PRESIDING OFFICER. Is there the Senator from North Carolina would Mr. LONG of Louisiana. Does not one objection? The Chair hears none, and vote "nay." of these protocols have something to do it is so ordered. The Senator from Idaho [Mr. with polluting the sea with oil? Mr. JOHNSON of Texas. Mr. Presi- CHURCH] and the Senator from Nevada Mr. MANSFIELD. Yes, but there is dent, I ask for the yeas and nays on [Mr. CANNON] are paired with the Sen- no application of the Connally reserva- agreeing to the resolution of ratifica- ator from Arkansas [Mr. MCCLELLAN]. tion to that treaty. I refer to page 9 of tion of Executive N, Executive Calendar If present and voting, the Senator from the report of the committee on the law No. 9. Idaho and the Senator from Nevada of the sea conventions relating to Cal- The yeas and nays were ordered. would vote "yea," and the Senator from endar No. 9. So far as I am aware, the The PRESIDING OFFICER. The Arkansas would vote "nay." Connally reservation is not exactly ap- clerk will call the roll. Mr. KUCHEL. I announce that the plicable to that particular protocol. The Chief Clerk proceeded to call the Senator from Nebraska [Mr. CURTIS) Mr. LONG of Louisiana. My recol- roll. is necessarily absent. lection with respect to treaties having Mr. GOLDWATER. Mr. President, The Senator from Indiana [Mr. to do with polluting the sea with oil is may I propound a parliamentary in- CAPEHART] is absent because of death in that jurisdiction of the World Court is quiry? There seems to be some confu- his immediate family. to be accepted. The testimony of the sion. I ask unanimous consent to pro- The Senator from South Dakota [Mr. State Department witnesses before the pound a parliamentary inquiry. CASE] and the Senator from Kansas committee was that they regarded them- The PRESIDING OFFICER. Is there [Mr. SCHOEPPEL] are absent on official selves as bound by the Connally reserva- objection? business. tion with regard to that treaty. But it Mr. GOLDWATER. There is confu- The Senator from Hawaii [Mr. FONG] was my feeling at that time that it would sion as to what question we are voting is absent on official business as a mem- be well to make the treaty clear by put- on. ber of the official delegation to attend ting a reservation in the treaty that, Mr. GORE. A point of order, Mr. the 150th celebration in Buenos Aires. from a legislative point of view, World President. The call of the roll cannot The Senator from Kentucky [Mr. Court jurisdiction would not apply in be interrupted. MORTON] is detained on official business. the event the United States felt the Mr. GOLDWATER. Mr. President, If present and voting, the Senator from problem was entirely a domestic matter. we do not know whether it is a vote to Nebraska [Mr. CURTIS] would vote Mr. MANSFIELD. Mr. President, I reconsider or a vote upon ratification. "nay." think it should be brought out that the The PRESIDING OFFICER. The The yeas and nays resulted-yeas 49, treaty to which the Senator from Louisi- question is on agreeing to the resolution nays 30, as follows: ana refers is not in the particular group of ratification of Executive N, Calendar [No. 2031 of treaties which have been ratified, but No. 9. YEAS-49 is still before the committee, and I am The clerk will proceed with the call of Alken Hickenlooper Morse quite certain the Senator is watching it the roll. Bartlett Humphrey Moss with an eagle eye. The rollcall was concluded. Beall Jackson Muskie Mr. LONG of Louisiana. I must con- Mr. MANSFIELD. I announce that Bush Javits Pastore fess to the Senator from Montana that Carlson Johnson, Tex. Prouty the Senator from Nevada [Mr. CANNON], Carroll Keating Proxmire I have not watched this treaty with an the Senator from New Mexico [Mr. Case, N.J. Kennedy Randolph eagle eye; if I had, I would have pointed CHAVEZ], the Senator from Idaho [Mr. Clark Kuchel Saltonstall out this problem before it came to a vote. Dirksen Lausche Scott CHURCH], the Senator from Louisiana Douglas Long, Hawaii Smith I suggest that this particular treaty [Mr. ELLENDER], the Senator from Ar- Engle Lusk Wiley should be ratified subject to the reserva- kansas [Mr. FULERIGHT], the Senator Gore McCarthy Williams, Del. tion usually referred to as the Connally Green McGee Williams, N.J. from Tennessee [Mr. KEFAUVER], the Gruening Magnuson Yarborough reservation, and that where the World Senator from Arkansas [Mr. MCxLEL- Hart Mansfield Young, Ohio Court provision is applicable, the United LAN], the Senator from Montana [Mr. Hartke Martin States reserves to itself the right to de- Hayden Monroney MURRAY], the Senator from Alabama termine whether the problem before the [Mr. SPARKMAN], the Senator from Mis- NAYS-30 court is a domestic matter. If the treaty souri [Mr. SYMINGTON], the Senator Allott Cotton Johnston, S.C. were offered with that reservation, I from Georgia [Mr. TALMADGE] were ab- Anderson Dodd Kerr Bennett Dworshak Long,La. would vote in favor of it. sent on official business. Bible Eastland Mundt Mr. COOPER. Mr. President, will the The Senator from Missouri [Mr. HEN- Bridges Ervin Robertson Senator yield? NINGS] and the Senator from Michigan Brunsdale Frear Russell Butler Goldwater Smathers Mr. LONG of Louisiana. I yield. [Mr. McNAMARA] are absent on illness. Byrd, Va. Hill Stennis Mr. COOPER. I voted against rati- The Senator from North Carolina [Mr. Byrd, W. Va. Holland Thurmond fication of the treaty. I believe strongly Young, N. Dak. JORDAN] and the Senator from Wyoming Cooper Hruska that a system of international law, and [Mr. O'MAHONEY] are necessarily absent. NOT VOTING-21 its institutions, should be extended. On the vote the Senator from Wyo- Cannon Fong Morton And of course, treatymaking is one of ming [Mr. O'MAHONEYI and the Senator Capehart FuIbright Murray the means by which a system of interna- Case, S. Dak. Hennings O'Mahoney from Montana [Mr. MURRAY] are paired Chavez Jordan Schoeppel tional law and order can be developed with the Senator from Louisiana [Mr. Church Kefauver Sparkman and its acceptance obtained. ELLENDER]. If present and voting, the Curtis McClellan Symington I voted against the ratification of this Eliender McNamara Talmadge Senator from Wyoming and the Senator treaty because it was not brought before from Montana would vote "yea," and The PRESIDING OFFICER. Less than the Senate for debate. the Senator from Louisiana would vote two-thirds of the Senators present and No hearings are before us, and no ex- "nay." voting concurring therein, the resolution planation of the treaty is given us. The The Senator from Missouri [Mr. of ratification is not agreed to. only information that it was possible SYMINGTON] and the Senator from Ala- Mr. LONG of Louisiana. Mr. Presi- to secure about this particular treaty by bama [Mr. SPARKMAN] are paired with dent, I believe the Senate should ratify one who is not a member of the Senate the Senator from Georgia [Mr. TAL- this protocol, so long as the Connally Committee on Foreign Relations is found MADGE]. If present and voting, the Sen- reservation to the World Court remains in three short paragraphs on page 9 of ator from Missouri and the Senator from effective. I believe there is similar lan- the report. Alabama would vote "yea," and the Sen- guage to achieve that result in the previ- The treaty may involve large ques- ator from Georgia would vote "nay." ous treaties which have been ratified. tions, questions about which we have The Senator from Missouri [Mr. HEN- Mr. MANSFIELD. Mr. President, will no information. Despite my belief that NINGS] and the Senator from Michigan the Senator yield? we should move in every way possible [Mr. McNAMARA] are paired with the Mr. LONG of Louisiana. I yield. toward the acceptance of international Senator from North Carolina [Mr. Mr. MANSFIELD. It is my under- law, I reluctantly voted against the rati- JORDAN]. If present and voting, the Sen- standing that this is the only protocol fication of this treaty, because the Sen- ator from Missouri and the Senator from to which the Connally reservation has ate does not know its terms and to what Michigan would each vote "yea," and any application. itrefers. 11194 CONGRESSIONAL RECORD - SENATE May 26 Mr. MANSFIELD. Mr. President, I Italy, June 28, 1948, 62 Stat. 2421; TIAS Convention on Road Traffic, dated at Gen- point out that the Senate has already 1789. eva September 19, 1949, 3 U.S.T. 3008, TIAS Luxembourg, July 3, 1948, 62 Stat. 2451; agreed to many treaties which have in 2487. TIAS 1790. International Sanitary Regulations (WHO them an exception to the principle of Malaya, Federation of. (See United King- Regulations No. 2), adopted by the Fourth the Connally reservation. These are dom.) World Assembly at Geneva May 25, 1951, mostly commercial treaties and treaties Netherlands,' July 2, 1948, 62 Stat. 2477; 7 U.S.T. 2255; TIAS 3625. on other technical subjects. TIAS 1791. Treaty of Peace with Japan, signed at I ask unanimous consent to insert in Norway, July 3, 1948, 62 Stat. 2514; TIAS San Francisco September 8, 1951, 3 U.S.T. the RECORD at this point in my remarks 1792. 3169; TIAS 2490. a list of such treaties. Portugal, September 28, 1948, 62 Stat. 2856; Universal copyright convention, dated at There being no objection, the list was TIAS 1819. Geneva September 6, 1952, 6 U.S.T. 2731; Spain, September 26, 1953, 4 U.S.T. 1903; to be printed in the RECORD, as TIAS 3324. ordered TIAS 2851. Constitution of the Intergovernmental follows: Sweden, July 3, 1948, 62 Stat. 2541; TIAS Committee for European Migration (ICEM), TREATIES AND OTHER INTERNATIONAL AGREE- 1793. 6 U.S.T. 603; TIAS 3197. MENTS CONTAINING PROVISIONS FOR SUB- Turkey, July 4, 1948, 62 Stat. 2566; TIAS Protocol amending the slavery convention MISSION OF DISPUTES TO THE INTERNATIONAL 1794. 4 of September 25, 1926 (46 Stat. 2183; TS COURT OF JUSTICE United Kingdom, July 6, 1948, 62 Stat. 778), opened for signature at New York, De- I. BILATERAL 2596; TIAS 1795. cember 7, 1953, 7 U.S.T. 479; TIAS 3532. C. Other bilateral agreements: Protocol limiting and regulating the cul- A. Commercial treaties with: Agreement with the Dominican Republic China, November 4, 1946, 62 Stat. (3) tivation of the poppy plant and the produc- for extending the Long Range Proving tion of, and international and wholesale 2945; TIAS 1871. 7 1 Ground, November 26, 1951, 3 U.S.T. 2569; trade in, and use of opium open for signa- Colombia, April 26, 1951, Senate Executive TIAS 2425. M (82d Cong., 1st sess.). ture at New York from June 23 to December Agreement with the Dominican Republic 31, 1953, Senate Executive C (83d Cong., 2d Denmark,' October 1, 1951, Senate Execu- for establishment of loran transmitting sta- tive I (82d Cong., 2d sess.) sess.). tions, March 19, 1957, 8 U.S.T. 329; TIAS International Convention for the Preven- Ethiopia, September 7, 1951, 4 U.S.T. 2134; 3780. TIAS 2864. tion of Pollution of the Sea by Oil,6 1 signed France,' November 25, 1959 (to be submit- II. MULTILATERAL at London May 12, 1954, Senate Executive C ted to the Senate). Protocol ' on military obligations in certain (86th Cong., 2d sess.). Germany, F.R., October 29, 1954, 7 U.S.T. cases of double nationality, concluded at The Statute of the International Atomic En- 1389; TIAS 3593. Hague, April 12, 1930, 50 Stat. 1317; TS 913. ergy Agency, done at New York, October 26, Greece, August 8, 1951, 5 U.S.T. (2) 1829; Convention ' for limiting the manufacture 1956, 8 U.S.T. 1093; TIAS 3873. TIAS 3057. and regulation of narcotic drugs, concluded Optional protocol of signature to the four Haiti, March 3, 1955, Senate Executive H at Geneva, July 13, 1931, 48 Stat. 1543; TS Conventions on the Law of the Sea,' opened (84th Cong., 1st sess.). 863. for signature at Geneva April 29, 1958, Sen- Convention' on international civil avia- ate Executive N (86th Cong., 1st sess.). Iran, August 15, 1955, 8 U.S.T. 899; TIAS 7 3853. tion (ICAO), opened for signature at Chi- The Antarctic treaty, signed at Washing- Ireland, January 21, 1950, 1 U.S.T. 785; cago, December 7, 1944, 61 Stat. 1180; TIAS ton, December 1, 1959, Senate Executive B TIAS 2155. 1591. (86th Cong., 2d sess.). Israel, August 23, 1951, 5 U.S.T. 550; TIAS Constitution of the Food and Agriculture 2948. Organization of the United Nations (FAO), APPENDIX Italy, February 2, 1948, 63 Stat. (2) 2258; signed at Quebec October 16, 1945 (60 Stat. A. The agreement of Paris, on reparation TIAS 1965. 1886; TIAS 1554), as amended (1951). FAO from Germany, on the establishment of an Japan, April 2, 1953, 4 U.S.T. 2063; TIAS Report of the Special Session of the Confer- interallied reparation agency and on restitu- 2863. ence (1950), Appendix A (p. 32). tion of monetary gold, opened for signature Korea, November 28, 1958, 8 U.S.T. 2217; Constitution of the United Nations Educa- at Paris January 14, 1946 (61 Stat. (3) 3157; TIAS 3947. tional, Scientific, and Cultural Organization TIAS 1655), was signed on behalf of the Netherlands, March 27, 1956, 8 U.S.T. 2043; (UNESCO), concluded at London, November United States on that date. It is followed by TIAS 3942. 16, 1945, 61 Stat. 2495; TIAS 1580. a Resolution 8 on recourse to the Interna- Nicaragua, January 21, 1956, 9 U.S.T. 449; Constitution of the World Health Organ- tional Court of Justice: TIAS 4024. ization (WHO), opened for signature at New "The Delegates of Albania, Australia, Pakistan,' November 12, 1959 (to be sub- York July 22, 1946, 62 Stat. (3) 2679; TIAS Belgium, Denmark, France, Luxembourg, the mitted to the Senate). 1808. Netherlands, Norway, Czechoslovakia, and Uruguay,' November 23, 1949, Senate Exec- Instrument for the amendment of the Yugoslavia recommend that: utive D (81st Cong., 2d seas.). constitution of the International Labor Or- 'Subject to the provisions of article 3 of B. Economic cooperation and aid agree- ganization (ILO), dated at Montreal, Octo- part I of the foregoing agreement, the signa- ments ' with: ber 9, 1946, 62 Stat. 3845; TIAS, 1868. tory governments agree to have recourse to Austria, July 2, 1948, 62 Stat. 2137; TIAS Convention on the Intergovernmental the International Court of Justice for the 1780. Maritime Consultative Organization (IMCO), solution of every conflict of law or com- Belgium, July 2, 1948, 62 Stat. 2173; TIAS signed at Geneva, March 6, 1948, 9 U.S.T. petence arising out of the provisions of the 1781. 621; TIAS 4044. foregoing agreement which has not been China, July 3, 1948, 62 Stat. 2945; TIAS Convention on the Prevention and Pun- submitted to the parties concerned to 1837. ishment of the Crime of Genocide,' adopted amicable solution or arbitration" (Depart- Denmark, June 29, 1948, 62 Stat. 2199; by the UNGA in Paris on December 9, 1948, ment of State Bulletin, Jan. 27, 1946, p. 124). TIAS 1782. Senate Executive 0. (81st Cong., 1st sess). All the other signatories to the Paris agree- France, June 28, 1948, 62 Stat. 2223; TIAS Agreement for Facilitating the Interna- ment had advised of their accession to this 1783. tional Circulation of Visual and Auditory resolution, as of July 22, 1948. Ghana (Gold Coast). (See United King- Materials of an Educational, Scientific, and B. With respect to the four Geneva con- dom.) Cultural Character,' open for signature at ventions of August 12, 1949, for the protec- Greece, July 2, 1948, 62 Stat. 2293; TIAS Lake Success from July 15 to December 31, tion of war victims, relating to condition of 1786. 1949, Senate Executive V. (81st Cong., 2d wounded and sick of the armed forces in Iceland, July 3, 1948, 62 Stat. 2363; TIAS sess). the field (6 U.S.T. 3114; TIAS 3382); condi- 1787. tion of wounded, sick, or shipwrecked mem- bers of the armed forces at sea (6 U.S.T. Indonesia. (See Netherlands.) 3By an agreement signed Feb. 11, 1952 by Ireland, June 28, 1948, 62 Stat. (2) 2407; 3217; TIAS 3363); treatment of prisoners of the United States, Indonesia, and the Neth- war (6 U.S.T. 3316; TIAS 3364); protection TIAS 1788. erlands (3 U.S.T. 2989; TIAS 2484), Indo- Israel, May 9, 1952, 3 U.S.T. 4171; TIAS of civilian persons in time of war (6 U.S.T. nesia assumed the responsibilities and obli- 3516; TIAS 3365); the following resolution 2561. gations incurred in its behalf under the was also adopted on August 12, 1949, by United States-Netherlands agreement of July the Conference of Geneva: 1 Not in force. 2, 1948. 2 The economic cooperation and aid agree- Made applicable to: Ghana (Gold Coast), "RESOLUTION I ments listed in I, B, contain provisions for July 6, 1948; Federation of Malaya, July 20, "The conference recommends that, in the referral of disputes to the ICJ, but these 1948. case of a dispute relating to the interpreta- provisions are limited by the terms and 'By reference to the PCIJ. (Reference to conditions of such effective recognition as the ICJ in place of the PCIJ in these cases -Not in force. hitherto given by the United States to the is provided for by art. 37 of the statute of Not signed for the United States but has compulsory jurisdiction of the ICJ under the ICJ.) been submitted to the Senate for advice and art. 36 of the statute of the ICJ. "Not in force for the United States. oonsent to U.S. acceptance. 1960 CONGRESSIONAL RECORD - SENATE 11195

tion or application of the present conven- made by the Senator from Virginia and The PRESIDING OFFICER. Is the tions which cannot be settled by other the Senator from South Carolina for Senator from California speaking with means, the high contracting parties con- reconsideration. The majority leader cerned endeavor to agree between themselves respect to Executive Calendar No. 9? to refer such dispute to the International said he would be glad to ask unanimous Mr. KUCHEL. That is correct. Court of Justice." consent that they all be reconsidered, The PRESIDING OFFICER. Further and so they all were reconsidered. consideration may be postponed until a REFERENCES Mr. MANSFIELD. I believe that what day certain, if a motion to reconsider Stat.: U.S. Statutes at Large the Senator from Connecticut had in is entered. U.S.T.: U.S. treaties and other interna- mind was that in the future we should Mr. MANSFIELD. Mr. President, I tional agreements (volumes published on a be a little more careful and, if possible, hope the Senator from California, who yearly basis begining Jan. 1, 1950.) establish a precedent or a rule by means I know has all the good intentions in TIAS: Treaties and other international of which we would consider conventions the world, will not press his point at this acts series, issued singly In pamphlets by the and protocols and treaties individually, time, but will let the Foreign Relations Department of State. instead of en bloc. Committee use its discretion in this SEx.: Senate executive prints (pamphlets Mr. DODD. Yes; that is correct and as matter. printed for the use of the Senate). a practical matter, with all the work that Mr. KUCHEL. I will abide by the Mr. DODD. Mr. President, I voted is on the shoulders of Senators, it is good judgment of my friend from Mon- against the treaty, and I should like to rather difficult to keep abreast of every- tana and the Committee on Foreign Re- state my reason in the RECORD. I did not thing that is going on. Theoretically lations. I merely wish to say it seems know much about this treaty. I expected that is possible, and it may be true in to me that a reading of the Foreign Rela- that it would be thoroughly debated on theory that we should always be fully tions Committee report indicates that the floor and that I could make my informed on everything that is going on, here is a problem which would have been judgment on the basis of the debate. but physically it is an impossible task. partially solved had the Senate adopted But there has been no debate, no expla- The reason I suggested a procedural the treaty. It deals with one subject nation. I wonder if we should not ask rule was to help make our task manage- alone. It is too bad that we failed to do the Committee on Rules and Adminis- able by assuring us sufficient time for justice to American shipping and the op- tration to consider a change in the rules. debate and study of pending measures, portunity for our American Government I believe it is risky business to be voting, especially complicated questions such as to assist it in civil disputes arising on en bloc in the Senate, without thorough treaties. That is all that I had in mind. the seas. consideration on treaties which involve It is a dangerous thing to proceed in Mr. MORSE. Mr. President, will the the United States. I talked with many this hasty fashion. I do not know what Senator yield? other Senators, and I do not think they kind of rule should be adopted. I made Mr. KUCHEL. I yield. understood what they were voting on. I the suggestion as I stood here, and I Mr. MORSE. Mr. President, I merely think we should take particular care have not had an opportunity to study wish to make this observation and to when we undertake to commit our coun- it or consider it in detail. I do not sug- express agreement with what the Sen- try on treaty questions, and I suggest gest that the majority leader was trying ator from California has stated. In that the Rules Committee consider this to put the treaty through wihout giv- doing so, I speak as a member of the matter and perhaps come up with a new ing us an opportunity to fully consider Committee on Foreign Relations. After rule which will provide a safeguard it. I know what he is up against. All all, what is really involved here are against voting on several complex of us are sympathetic toward him and problems concerning various shipping treaties at once, without appreciate the kind of task he has to countries throughout the world who sail debate, in a perform period of a few minutes. in the Senate. The purpose of ships under flags of various nations. my suggestion is to help him as Mr. MORSE. Mr. President, I am in- much Some of these problems are causing in- as us. We should set up some terested in the comment kind of ternational misunderstanding. What it of the Senator precautionary machinery so that from Connecticut [Mr. DODD]. If we a very really involves, when we boil it all down, bad mistake cannot occur, a mistake need any new rule guaranteeing that is that we are talking about practices of that could be avoided if the Senate Members of the Senate will be fully ap- gave shipping companies. The treaty pro- each treaty individual prised of the contents of a treaty deliberation. vided that when certain contests or dis- before There is enough in the situation we ex- they vote on it, I am putes arose with respect to whether or for the rule. But perienced today to alert us unless I am mistaken, these treaties to ask the not these practices can be justified, we Committee on Rules and Administration could have been required by the Senate would submit the matter to the World to take a careful look at the subject. to be voted upon separately. It required Court for final determination. Mr. JOHNSON of Texas. I wish unanimous consent to vote on to In the Senate we talk a great deal them en make the observation that I cannot bloc. The rule exists, and it about how much we are in favor of is no one's possibly make Senators read reports or fault but our own if we permitted the building up a system of international make Senators make speeches. They justice through law. However, when the treaties to go to a vote en bloc, because I have had ample opportunity to do both. believe application of a statute of international any Senator could have stopped The report has been available the procedure since justice through law means that certain by simply objecting to a April 27. vote selfish interests of our country and of on the treaties en bloc and requir- Mr. KUCHEL. Mr. President, the ing a vote as to each one separately. other countries are affected, we turn Senate may have done a pretty tragic If the Senator from Connecticut can down a treaty which provides for a fair, thing for the American merchant marine. judicial process for getting those com- point out to me the need for a new rule, An attempt was made-according to the he will find me in his corner. I think panies before a tribunal for determina- committee report-to permit the nations tion. what happened is that we permitted of the world to participate by judicial these treaties to be considered under the What we have done today illustrates means to settle disputes in which the again the great difference between talk rule, and the majority leader was per- law of the seas is involved exactly as we fectly within the rule when he asked for and action on the part of a great many have participated, over the years, in people of this country who claim they permission to have them considered en agreements to determine the law of the bloc. are in favor of a system of international seas. The report covers the subject in justice through law. Mr. JOHNSON of Texas. Mr. Presi- detail. Mr. dent, I am perfectly agreeable to have LONG of Louisiana. Mr. Presi- I wonder if I might address a parlia- dent, I believe that the treaty which has any of the treaties reconsidered if any mentary inquiry to the Chair in this con- been turned down should be ratified. In Senator wishes it. nection. Rather than send the treaty general, it is a good treaty. I would What happened is that after the down the drain, with no debate, pro or very much favor ratification. I voted agreement had been made by the Senate con, on the matter, is it possible to have against ratification only because I be- to vote on the treaties en bloc, after the the treaty remain at the desk until we lieve Congress was wise in insisting upon rollcall had been had, and they had been might have an opportunity to read it the Connally reservation to the world voted on en bloc and after the President carefully and then have an opportunity treaty in the beginning. That reserva- had been notified, after each step had to debate it and to take another vote on tion provides that the Government of been taken under the rules, request was it? the United States reserves to itself the 11196 CONGRESSIONAL RECORD - SENATE May 26 right to decide whether a certain mat- The Senate resumed the consideration The PRESIDING OFFICER. If there ter is a domestic problem of the United of the bill (S. 2168) to amend the Navy are no further amendments to be pro- States and not a matter upon which the ration statute so as to provide for the posed, the question is on the engross- World Court has the power to act. serving of oleomargarine or margarine. ment and third reading of the bill. To depart from that reservation would The PRESIDING OFFICER. The bill The bill (S. 3140) was ordered to be leave to the World Court the power to is open to amendment. engrossed for a third reading, was read wrongfully usurp jurisdiction. It was Mr. THURMOND, Mr. President, I the third time, and passed, as follows: never intended for the Court to exercise move that the bill be recommitted to the Whereas the small towns of America, and such jurisdiction over domestic matters. Committee on Armed Services. the rural counties in which they are located, Southerners are particularly concerned The PRESIDING OFFICER. The throughout our history have made signifi- about this type of problem, because they question is on agreeing to the motion of cant and lasting contributions to the devel- of life; and have seen cases where the Court has the Senator from South Carolina. opment of our American way undertaken Whereas small town and rural county life to assume jurisdiction or to The motion was agreed to. as we know it in the United States is vir- hold a law to be contrary to what they tually a unique form of community living have regarded as historic and established COMMISSION ON PROBLEMS OF entirely nonexistent in many areas of the law. In a case of this sort, based on world; and this treaty as it stood without the res- SMALL TOWNS AND RURAL COM- Whereas the continuance of our great com- ervation, it would have been possible for MUNITIES plex of small towns and the rural counties desirable the World Court to have determined Mr. JOHNSON of Texas. Mr. Presi- in which they are located is both erroneously that the World Court had and essential to the economic, social, and dent, I ask unanimous consent that the political balance which enables the United jurisdiction, and there would have been Senate proceed to the consideration of States to avoid the extremes which have no court to which a country could appeal Calendar No. 1455, Senate bill 3140. plagued many other governments and if it thought the World Court had made The PRESIDING OFFICER (Mr. countries; and a mistake. BYRD of West Virginia in the chair). Whereas wholesome family life, and ade- I am one Senator who feels that, while The bill will be stated by title, for the quate economic, educational, and spiritual the treaty should be ratified, the rati- information of the Senate. opportunity are nurtured and encouraged by fication should have included a reserva- thousands of small towns and hundreds of The CHIEF CLERK. A bill (S. 3140) to rural counties throughout the country; and tion to protect the domestic jurisdiction provide for the establishment of a Com- of the United States. A great number Whereas the march of technical and in- mission on Problems of Small Towns dustrial development has produced changes of people feel that if we permit this and Rural Counties. in transportation facilities, patterns of eco- treaty and others like it to go through, The PRESIDING OFFICER. Is there nomic activity, shifts in population, and stripping our country of some of its sov- objection to the request of the Senator other modern phenomena which have ereignty, over a period of time the pow- from Texas? created new challenges and posed new prob- ers given will be abused, and that the There being no objection, the Senate lems to the progressive people living in way to stop the usurpation is not to America's small towns and rural counties; proceeded to consider the bill. and vote to make it possible in the beginning. Mr. MUNDT. Mr. President, I sub- That being the case, many Senators Whereas small towns and rural counties mit the following amendment: lack the research facilities and economic voted against the treaty. This matter On page 3, in line 2, after the word means to instigate constructive and compre- should come before the Senate again and "Senate", strike out "three", and insert hensive studies into the exact causes of their an opportunity should be afforded to "four"; and in the same line, before the problems and the most productive remedies vote for a reservation to protect the do- word "from", strike out the word for them: Now, therefore, mestic jurisdiction of this country. Un- "three"-the second time that word ap- Be it enacted by the Senate and House of der these conditions I would be very pears in that line-and insert Representatives of the United States of the word America in Congress assembled, happy and pleased to vote for the treaty, "two"; and on the same page, in line 5, and I believe most of the Senators who strike out "three" and insert "four"; and ESTABLISHI MNT OF THE COMMISSION voted against the treaty will feel the in line 6, before the word "from", strike SECTION 1. There is hereby established a same way. out "three" and insert "two". Conunission to be known as the Commission Mr. JOHNSON of Texas. Mr. Presi- This amendment is submitted on the on the Problems of Small Towns and Rural dent, after the vote by which the Senate Counties (a small town being designated as basis of agreement with the majority having a population of less than ten thou- agreed to the resolutions of ratification leader, and merely in order to follow the relating sand a rural county being designated as to Executive V, Executive J, Ex- usual rule that the majority party having a population of less than fifty thou- ecutive K, Executive L, Executive M, and should have one or two more members sand) hereinafter referred to as the "Com- Executive N, I asked unanimous consent than the minority party, in order that mission." that the vote be reconsidered, and that the majority party may be in control of MEMBERSHIP OF THE COMMISSION a separate vote be taken on Executive N, a commission of this kind. SEC. 2. (a) The Commission shall be com- which request was agreed to. The PRESIDING OFFICER. The posed of twenty members as follows: The vote on Executive N has now been question is on agreeing to the amend- (1) Six appointed from the Senate by the completed, and I now ask unanimous ment of the Senator from South Dakota. President of the Senate, four from the ma- consent that the resolutions of ratifica- The amendment was agreed to. jority party and two from the minority tion relating to the first five items on the The PRESIDING OFFICER. The bill party; executive calendar be considered as hav- is open to further amendment. (2) Six appointed from the House of Rep- ing been agreed to en bloc. resentatives by the Speaker of the House of Mr. MUNDT. Mr. President, I should Representatives, four from the majority The PRESIDING OFFICER. Is there like to point out that the amendment I objection? The party and two from the minority party; and Chair hears none, and offered to the bill has been adopted and (3) Eight appointed by the President of it is so ordered. that this bill, is in the interest of small the United States as follows: towns and rural communities. (A) Two from among the heads of Federal LEGISLATIVE SESSION Mr. President, a high level research departments and agencies; and study commission such as this bill (B) Two from among the Governors of Mr. JOHNSON of Texas. Mr. Presi- proposes can provide suggestions and States having problbms affecting small dent, I move that the Senate resume the recommendations based on the success- towns, not more than one from the same consideration of legislative business. political party; ful experiences of communities which (C) Two from among the mayors of small The motion was agreed to; and the have found the proper formula for Senate resumed towns in the United States, not more than the consideration of leg- growth and progress. It will focus the one from the same political party; and islative business. attention and talents of some of our (D) Two from among the elected officials most experienced and knowledgable of rural counties in the United States, not more than one from the same political party. SERVING OF OLEOMARGARINE OR Americans on finding answers for the problems which are unique to our rural (b) The members of the Commission shall MARGARINE IN NAVY RATION select a Chairman from among such mem- communities in these changing times. The PRESIDING OFFICER. The bers from the Congress, and a Vice Chair- Census returns show many small towns man from among such members from the Chair lays before the Senate the un- losing population. This bill can help House of Congress other than that of the finished business. reverse this trend. Chairman.