INTRODUCTION and HISTORY- LAW OF THE SEA (LOS)
I. Evolution of the Law of the Sea
Early jurisdictions - Antiquity
Greek City-States
Roman Republic
Italian City-States (Notably, Venice)
Venice-managed, through sheer power, to enforce claim of sovereignty over Adriatic Sea
Mediterranean Jurisdiction Spreads Worldwide
Spanish and Portuguese debates extended to southern ocean waters. Great Explorers in late 1400's and 1500's.
1500-1800 in Europe, territorial waters were viewed as being valuable primarily for protecting nearby fisheries from foreign fisherman.
Greatest Sea Power: from early 1700's to about 1900, Britain ruled seas and claimed many foreign territories.
II. World War I and Beginning of "Modern Era"
By 1900's the area within 3 or 4 nautical miles of a country's shoreline was generally accepted as the sovereign territory of that country.
By 1927 the Soviet Union had claimed a 12-mile limit.
World War I provided the political interaction and eventual cooperation after the war - this led to the League of Nations and provided a forum for development of an International Law of the Sea.
(47 nations) 1930 League of Nations conference in the Hague, Netherlands - proposed 3 nautical mile limit of sovereignty with an additional 9 nautical miles for jurisdiction of customs, sanitary, and security matters.
III. World War II and Development of U.N. Law of the Sea
After WWII, international cooperation and Marshall Plan
1945 - Truman's Continental Shelf Ownership - Minerals - 200 nautical mile limit - first in world to do. Truman was advised U.S. was using more oil and gas than we produced.
1966 - President Johnson stated that "the deep seas and ocean bottoms are and remain the legacy of all human beings" an idea that was incorporated in 1970 U.N. Resolution describing minerals of the seabed as part of "the common heritage of Mankind."
1974 - Negotiations started in 1974 - 150 nations. What would treaty do?
1) minerals;
2) continental shelves;
3) scientific research;
4) access to areas
IV. Recent Developments Since 1976
1976 - Henry Kissinger proposed a compromise to break the deadlock between the desire of industrialized countries and those of third-world countries: the deal worked out by Kissinger was this: mining companies would be allowed to take minerals form the sea floor, but they were to be heavily taxed in the initial stage (license), and in production stages. The companies also were to provide their mining technology to the International Seabed Authority, run for the benefit of third world countries by the U.N. Lack of such a treaty, warned Kissinger, would lead to unrestrained military and commercial rivalry which would lead to political turmoil.
1976-80 - Carter administration. Elliot Richardson worked for grandfather clause.
1981 - Reagan administration calls for review and rewriting of the entire treaty, many parts of which were already agreed upon. Freedom of access - whoever can get them out "Liaise Faire!" New York, March, 1981 meeting nickel interests seabed miners the most.
"Group of '77" made up of developing 3rd world nations. Largely African and supported by the former Soviet Union.
Under Presidents Nixon, Ford, Carter, Treaty got full government support.
Carter's chief negotiator, Elliot Richardson, had made much progress during the Carter Administration. The treaty
was approaching readiness, largely because of the efforts of the U.S.
Despite reservations that an International Seabed Development Authority would interfere with "free market" mining of
the sea bed (the American Way), it was still felt by the U.S. that our attitude toward economic development of the
third world should be changed to create a new economic order. However, tremendous opposition to the treaty was
voiced by other western mining companies. The companies objected strongly to the lack of a "grandfather clause"
in the treaty. Such a provision would allow continuance of mining operations begun before the treaty is ratified and
goes into effect. In other words, companies that invest now in seabed mining will not be taxed until the treaty goes
into effect. They want to insure that there will be no retroactive taxes and penalties. ($1 million annual, 5% of
production value, 12% after 10 years.)
Canada, the world's largest producer of nickel, wants the amount of nickel coming out of the ocean to be limited so
that its land-based mining operations won't collapse. Also, Group of 77, many of which produce metals, want
restructure.
Recent Development
February, 1981 - On verge of March 1981 meeting, Reagan's chief domestic policy adviser (Martin Anderson)
called Fred Ikle (Under Secretary at Department of Defense - Pentagon).
The White House was trying to dissuade the Pentagon from their staunch support of the Law of the Sea negotiations
at the U.N. in New York City. Chief negotiator for U.S., Elliot Richardson (pro-treaty) was axed, fired by Reagan.
Pentagon rationale for treaty support: it would guarantee passage for its ships and submarines through the world's
oceans and strategically important straits. Third World countries would receive a share of the profits from deep-sea
mining, collected and distributed through a new International Seabed Authority.
Reagan's rationale for scuttling treaty: U.S. wants all "strategic minerals" for us and can insure "freedom of the
seas" in other ways. William Casey, Director of CIA asked for these changes in U.S. Policy. Also, James Watt,
Department of Interior argued against the treaty. "Best interest of U.S. and National Security". Want to change
treaty so that U.S. will have right to mine own minerals in "international waters" and not share with Third World
Countries.
Administration was responding to pressures from mining companies. "Big 4": U.S. Steel, Lockheed Missles and
Space, Inco (Canadian), Kennecott. R. Daniel McMichael said beware of Communist threat, U.S. Economic
Suicide.
Alexander Haig, among others - felt that the U.S. would be injured, in particular, because we would have to give away our seabed mining technology for free to the rest of the world.
V. Summary Agreements - Internationalists vs. Free Marketers
Western nations are writing "mini-treaties" between themselves, defining "common heritage of mankind" as exploitation on a first-come, first-served basis.
The loss of this international cooperation through the International Law of the Sea Treaty will likely cause third world nations to resort to less peaceful means of survival.
Is the treaty good for national security?
Define national security
A. Military access to foreign waters - straits
B. Mineral - economic strength
C. Maintaining peace with other nations - are we going to widen the gap between "the haves" and the "have-nots"?
Frustration and violence of Third World countries.
Terrorism
Nuclear Proliferation
OUTLINE - LAW OF THE SEA
I. History and Evolution of Sea Law
A. Greek City-State
B. Roman Republic - Ruled all of Mediterranean
C. Italian City-States (notably Venice in controlling, through sheer power the Adriatic Sea
D. Great Explorers - Spain, Portugal, Britain and Others
1. Territorial fishing - waters within Cannon Shot!
2. From early 1700's to 1900, Britain ruled seas
E. Early 1900's - Establishment of informal offshore sovereign limits 3, 4, or 6, nautical miles, but Russia established 12 nautical miles
II. World War I and Beginning of "Modern Era"
A. Cooperation after WWI - led to League of Nations (U.S. did not participate)
B. 1930 - first International Sea Law Conference at the Hague, Netherlands (47 countries)
1. 3 nautical mile national limit (sovereignty)
2. Additional 9 nautical miles for customs, sanitation, security
3. Total limit 12 nautical miles
III. World War II and Development of U.N. Law of the Sea
A. Again major cooperation following World War II (U.S. was involved)
B. 1945 - Harry Truman Proclamation
1. Continental shelf ownership - minerals - Why?
2. Followed by other countries
C. 1966 - Lyndon Johnson Proclamation looking toward 1970 U.N. Proclamation
D. 1976 - Henry Kissinger recognized a stalemate: Industrialized vs. 3rd world
1. His "deal"
2. Consequences of not reaching an agreement whereby both sides could benefit.
"Unrestrained military and commercial rivalry ---> leading to political turmoil."
IV. Recent Developments since 1976
A. Support for Treaty from Nixon, Ford, Carter - Elliott Richardson - wrote treaty "International Seabed Authority"
B. Problem of lack of "Grandfather Clause" - idea of new economic world order
C. "Group of 77"
D. Rationales for Treaty - opposition or support
1. U.S.
2. Canada
E. Reagan Administration - Scuttles Sea Law Treaty - Why?
Alexander Haig ---> Give away mining
James Watt ---> Card game analogy. Giving away the ace of trump.
V. Summary Arguments - Internationalists vs. Free-market
VI. You are ambassador to U.N. from U.S. - what is your vote?
VII. Assignment: You are ambassador to U.N. from some country other than that of your citizenship. What is your vote? Why?