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Mr. Fascell. If that is true, as I understand your response to 

 Congressman Frelinghuysen, the proba})iHties are that if this item 

 got on the General Assembly's agenda and was subsequently approved, 

 the International Law Commission would set about working up a 

 draft of such a treaty. The next step would be for the International 

 Law Commission to get experts together and work out a draft. Is 

 that correct? 



Mr. Popper. With this modification, Mr. Chairman, that the Inter- 

 national Law Commission might not be the chosen instrument. It 

 might be something like the Outer Space Committee, which was a little 

 different format. But some group of experts. 



Mr. Fascell. And once the substance of the document had been 

 preliminarily agreed to, it then w^ould be submitted to all nations for 

 determination as to whether they wanted to become signatories. Is 

 that correct? 



In other words, the United Nations by action of the General 

 Assembly cannot either formulate the treaty or put it into effect, is 

 that correct? 



Mr. Popper. If I understand you correctly, Mr. Chairman 



Mr. Fascell. The General Assembly, by vote, can't put a treaty 

 into operation. 



Mr. Popper. You are quite correct. 



Mr. Fascell. So the inferences that I have heard and I have read — • 

 the fears and the concerns about the U.N. taking over jurisdiction of 

 the deep seabeds by resolution— are inaccurate because the U.N. 

 can't do that. It doesn't have that power. 



Mr. Popper. It does not have that power. 



Mr. Fascell. The only way it coidd be done is by a treaty to which 

 all of the nations would have to affix their signatm-es; they would have 

 to agree to the terms of it. They would have to voluntarily give up 

 whatever sovereignty they presently possess in this area, if any. 

 Isn't that correct? 



Mr. Popper. That is quite correct. 



May I make one supplementary comment, which is that I think 

 you have put your finger, Mr. Chairman, on the essential point here 

 as regards legal obligations and commitments of members. I woidd 

 point out that there might be an intermediate stage before anyone ap- 

 proached the idea of a treaty. One might talk about principles before 

 one talks about treaties, or guidelines or something like that. These 

 would have the same effect as all other General Assembly resolutions. 



Mr. Fascell. It would be a sense of the United Nations resolu- 

 tion, just like a sense of the Congress resolution. 



Mr. Popper. Yes. 



Mr. Fascell. A country might consider itself to be bound by it 

 or it may not. The ultimate decision would be made at the tmie when 

 a given country would mdicate whether it wanted to become a signa- 

 tory to a treaty. 



Mr. Popper. Yes, su\ 



Mr. Fascell. I just wanted to make certain on the record that I 

 had understood this matter properly. The United Nations either by 

 action of the General Assembly or by action of any other organ, body, 

 commission, group, or committee could, by vote, majority or other- 

 wise, arrogate unto itself the sovereignty, the title, the use, the juris- 



