Sea-Bed Commission condemns issuing of licenses for exploration of international area.

Sea-Bed Commission condemns issuing of licences for exploration of international area

Deploring the fact that the United Kingdom and the Federal Republic of Germany had issued licences for exploration of parts of the International Sea-Bed Area, the Preparatory Commission for the International Sea-Bed Authority and for the International Tribunal for the Law of the Sea reiterated its rejection of any such claim, agreement, or action undertaken outside the Commission. In a declaration adopted at the end of its first session for 1986 (Kingston, 17 March-11 April), the Commission called such activities "wholly illegal and devoid of any basis for creating legal rights'.

The text, submitted by the Group of 77, was approved by a vote of 59 in favour to 7 against (Belgium, Canada, France, Italy, Japan. Luxembourg, Netherlands), with 10 abstentions.

During its session, the Preparatory Commission, set up by the Third United Nations Conference on the Law of the Sea in 1982, continued working on arrangements for the two major institutions to be established once the Convention on the Law of the Sea enters into force. Through its four Special Commissions, the Commission continued work on rules governing deep sea-bed mining and resolution of disputes among sea-bed miners; discussed the Enterprise, the Authority's sea-bed mining arm; and considered ways to alleviate problems sea-bed mining might pose for developing countries whose economies are dependent on land-based mineral production.

In addition, Acting Chairman I.G. Jhingram (India) conducted informal consultations aimed at resolving overlapping claims of potential "pioneer investors' in the International Sea-Bed Area.

Mr. Jhingran, who presided in the absence of Chairman Joseph Warioba (United Republic of Tanzania), characterized the session as "productive', affirming that Commission members had worked hard and "made progress'. Because of the United Nations financial crisis, the Commission is to hold its summer session, normally scheduled for Geneva, in New York, from 11 August to 5 September.

Declaration: The Group of 77 text was adopted after Commission members failed to agree on an amended version that would have deleted specific references to the United Kingdom and the Federal Republic of Germany and the notion of "purported' issuing of licenses. The Group continued to maintain the position that the Law of the Sea Convention was the only universally negotiated instrument for an international regime for exploration and exploitation of the Area and its resources.

Speaking on the Group's behalf, Cape Verde said the granting of licenses and enactment of national legislation for exploration outside the Convention was a "dangerous path' that could lead only to confusion and open conflict. The Eastern European States and China supported the Group of 77 view.

The United Kingdom and the Federal Republic of Germany argued, however, that at present there was no generally accepted international sea-bed regime, and that until then, it was legal to take interim steps. Both said their national legislation and licences envisaged repeal with the achievement of an international regime.

Several Western European countries said the Preparatory Commission...