63 



Mr. Fascell. Their interests may lie the other way. There is 

 nothing wrong with that, of course. 



Mr. Popper, there has been some discussion here this morning that 

 sovereignty to tlie deep seabeds would be turned over to the United 

 Nations under the Maltese proposal, but I haven't found that any- 

 where in Malta's proposal or their memorandum of explanation. 

 From what does tliat concept stem? 



Mr. Popper. When you refer to the memorandum, are you 

 referring 



Mr. Fascell. "The inclusion of a supplementary item in the 

 agenda of the 22d session by Malta with the attached memoranda of 

 explanation." 



Mr. Popper. You won't find those exact words, but if you look at 

 point 4 of the explanatory memoraudvim, the last paragraph states: 



It is believed that the proposed treaty should envisage the creation of an 

 international agency (a) to assume jurisdiction as a trustee for all countries over 

 the sea-bed and the ocean floor. 



Since this appears to shade into the concept of sovereignty, I 

 assume that it is what was referred to in the colloquy that took place 

 here earlier this morning. 



Mr. Fascell. That is an assumption. It is an inference and it is an 

 interpretation by people who have testified and who read the Maltese 

 memorandum, but the memorandum doesn't say that. 



Mr. Popper. Before we conclude this part of the discussion, I 

 would point to paragraph 3(a) which says: 



The sea-bed and of the ocean floor, underlying the seas beyond the limits of 

 present national jurisdiction, are not subject to national appropriation in any 

 manner whatsoever. 



Mr. Fascell. That is a proposal to be included in the treaty. 



Mr. Popper. That is quite correct. 



Mr. Fascell. So there might be some assumptions, if one wanted to 

 be legalistic about the use of that language, because it presupposes the 

 existence of the right to national appropriation. 



Mr. Popper. And denies it. 



Mr. Fascell. Turns around and denies it, but nevertheless, having 

 said that, all it is is a Maltese proposal on a principle that it feels 

 ought to be incorporated in the treaty. 



Mr. Popper. Yes, sir. 



Mr. Fascell. So we still haven't found anything anywhere that 

 says there is a proposal pending which would transfer title to or 

 sovereignty over the seabeds to the United Nations. Is that correct? 



Mr. Popper. Those words do not appear in this proposal. 



Mr. Fascell. Does such a proposal exist anywhere so far as you 

 know? 



Mr. Popper. No, sir. 



Mr. Fascell. Now, in paragraph 4 of this memorandum it is stated, 

 "It is believed that the proposed treaty should envision the creation 

 of an international agency." 



Obviously the words are self-explanatory. They can't be talking 

 about the United Nations. You have to be talking about another inter- 

 national agency that doesn't exist right now, is that right? 



Mr. Popper. Absolutely. 



