ne 



meters is the average depth of the outer 

 edges of the world's geological continental 

 shelves; 50 nautical miles is the average 

 widtii of the shelves. By providing tiie 200- 

 meter/50-mile alternative, the inequity of a 

 definition in terms of the 200-meter isobath 

 alone will be avoided for those coastal na- 

 tions which either are not on a geological 

 continental shelf, as in the Persian Gulf, or 

 have coasts that drop to great depths almost 

 immediately, as off the west coast of South 

 America. 



Uncertainties Concerning Subsea Areas 

 Beyond the Continental Shelf and Recom- 

 mended Legal-Political Arrangements for 

 Such Areas 



Assuming there are limits to the legal 

 "continental slielf as presently defined, un- 

 certainty also characterizes the general prin- 

 ciples of international law governing ex- 

 ploration and exploitation of the mineral 

 resources of the subsea areas beyond these 

 limits. The difl'erent positions that have been 

 taken regarding these principles are set forth 

 in the Report of the Commission's Inter- 

 national Panel. 



International lawyers seem to agre« that 

 any nation may explore the seabed and sub- 

 soil beyond the limits of the continental shelf 

 and keep any minerals it may find and ex- 

 tract. However, there is no agreement tliat 

 such a nation may also exclude "poachere," 

 that is, operators of other nations who wait 

 until a discovery has been made and then, 

 having avoided the costs of exploration, move 

 in and work the deposit. 



The NPC Interim Rejwrt argues that adop- 

 tion of its proposal would remove any 

 urgency in the foreseeable future to create a 

 new international framework for exploration 

 and exploitation of the mineral resources be- 

 yond the "continental shelf" defined in ac- 

 cordance with its proposal. 



It may be true, if the NPC proposal is 

 adopted, that some coastal nations may not 

 feel this urgency. But this is not sufficient 

 reason to adopt an otherwise unacceptable 

 proposal. ^Moreover, it also may be true that 

 if the coastal nations are satisfied with the 

 legal-}X)litical f ramewoi'k for the exploration 

 and exploitation of the mineral resources 

 beyond the continental shelves, as redefined in 

 accordance with the Commission's recom- 

 mendation, they may readily accept the rec- 

 ommended redefinition. As a practical 

 matter, therefore, the question of fixing the 

 outer limits of the continental shelf is insepa- 

 rable from tliat of the framework applicable 

 beyond these limits. The two questions will 

 be intertwined in international negotiations. 



Just as it takes time — and planning — to 

 prepare the scientific, technological, and eco- 

 nomic bases for exploring and exploiting the 

 mineral resources lying deep under water, it 

 it also takes time — and planning — to make 

 hospitable international arrangements for 

 such exploration and exploitation. Conscious 

 and appropriate lawmaking will encour- 

 age the steps necessary to build the scientific, 

 technological, and economic foundations for 

 the desired activity. The nations of the world 

 must not underestimate tlie pace of techno- 

 logical advance in the face of such encourage- 

 ment and increasing human needs. 



I'nless a new international framework is 

 devised which removes legal uncertainty from 

 mineral resources exploration and exploita- 

 tion in every area of the seabed and its subsoil, 

 some venturesome governments and private 

 entrepreneurs will act to create faits ao- 

 complis that will be difficult to undo, even 

 though they adversely affect the interests 

 of the United States and the international 

 community. 



The Ignited Nations also is immersed 

 deeply in oceanic matters and has taken sig- 

 nificant steps toward the creation of a new 



