60 



would be the last to make any definite predictions. My honest ex- 

 pectation would be that this is an area in which the United Nations 

 will proceed slowly. 



Mr. Frelinghuysen. Assuming at some point there would be a 

 desire to consider the specific terms of a convention or treaty, woidd 

 this be referred to the International Law Commission? What is that? 



Mr. Popper. That is a standing body of legal experts. It is an 

 agency of the United Nations. It has considered and prepared for 

 action by the Assembly and for adoption a number of treaties — 

 treaties on diplomatic and consular rights, studies on the law of treaties, 

 ver}^ technical activities in which the knowledge and expertise of 

 international lawyers are necessary. We have a representative on that 

 Commission. At present he is Ambassador Richard D. Kearne}*, 

 formerly Deputy Legal Adviser of the State Department. The Com- 

 mission meets periodically through the year, because it has a standing 

 agenda of work on treaties and international law. 



Mr. Frelinghuysen. One final question. You say on page 3 of 

 your statement there is a need for additional guidance with respect 

 to the floor of the sea. You refer also to the relative absence of inter- 

 national law in this respect. Is this need felt by the executive branch, 

 or generally? 



Mr. Popper, I think it will be universally recognized that ^ith 

 the rapid development of technology this need arises. 



As has been stated here, American industry would want to know 

 what its rights, privileges, and obligations are. Certainly we have 

 many nongovernmental organizations which are beginning to publish 

 proi^osals. I thought Senator Church's report on his work was very 

 interesting. I should like to point out, Mr. Chairman, that what was 

 referred to earlier today was not any activity of the Senator during 

 his tenure as a delegate to the General Assembly, but his own views 

 expressed in a report to the Senate Foreign Relations Committee 

 last year after the Assembly was over. 



This sort of thing, as it bubbles up in this country and elsewhere, 

 leads one to believe that there is a need for thorough study in this 

 area which may well result, eventually, in some type of action not 

 yet foreseen. 



Mr. Frelinghuysen. It was the word "guidance" that interested 

 me — whether we needed guidance from the United Nations or you 

 needed guidance from Congress, or who is guiding whom, or does it 

 mean there is a need for full discussion of the implications from the 

 point of view of national security and so on? 



Mr. Popper. And guidance for those who work in this environment. 

 Guidance for industry, guidance for scientists, guidance for all of those 

 who are interested in working in the deep seas in the future. 



Mr. Frelinghuysen. Thank you very much. 



Mr. Fascell. Mr. Gross. 



Mr. Gross. One quick question: Mr. Popper, you spoke of the 

 concern of certain member nations of the United Nations — that is, 

 coastal nations who may not be supporting this move. 



Do you have any idea of the breakdown of the voting strength in the 

 General Assembly as between coastal nations and landlocked nations? 



Mr. Popper. I would be interested in going through the list and 

 discovering just how many of the United Nations members have 

 coasts and how many do not. I will be glad to do that and supply it 

 for the record. 



