13 



Mr. Gilman. How soon do you anticipate that your review proc- 

 ess will be completed? 



Mr. Malone. As I indicated in my statement, Congressman 

 Gilman, we do not believe that it will be fully completed in all of 

 its dimensions, including our bilateral consultations and group con- 

 sultations with our allies and with many others, indeed many key 

 participants from the Group of 77 and many participants from the 

 Eastern bloc countries, until after the August session. Indeed, we 

 would hope to have progressed by a very considerable degree by 

 the August session, but in that session we will be further discuss- 

 ing the review with the other delegations. 



Mr. Gilman. Isn't that an unnecessarily long period of time to 

 complete a policy review on such an important document? It would 

 seem to me that with the ongoing treaty process there and the 

 possibility that they may go on without us or that it may be all 

 unraveled, that the review process could be expedited. Isn't that 

 possible? 



Mr. Malone. That is a possibility. 



However, we believe, that in terms of a probability, it not a high 

 one, because we believe that there is a sentiment, indeed an in- 

 creased sentiment, to permit us to conduct an adequate and full 

 review without adverse consequences at the Conference. There is a 

 desire on the part of the other participants to have the participa- 

 tion of the United States in the treaty. 



I have to grant you there is a risk. We feel that it is a relatively 

 modest one and one that probably will not eventuate. 



We think there is a much greater possibility that these other 

 participants will feel it is desirable for us, before we go to final 

 action on the treaty, have an adequate opportunity to carry out a 

 very complete and thorough review. 



Mr. Gilman. Mr. Malone, are you confronted with some serious 

 objections to the status of the treaty at this time? 



First of all, in your text you mentioned that you were concerned 

 about whether there was support in the Congress; I don't know 

 how you have evaluated that support. I think I would be very 

 much at a loss at this time to determine whether or not there was 

 sufficient support. I know there has been a great deal of interest 

 and concern about drafting a treaty in the Congress. As a matter of 

 fact, the Congress did criticize the Law of the Sea negotiation for 

 being unduly delayed and went ahead with some legislation about 

 2 years ago in order to help speed up the process. 



I know that our defense agencies and armed services are very 

 much concerned. I have in front of me a letter dated April 3, 1981, 

 from General Allen of the Department of the Air Force wherein it 

 stated, 



The Air Force's vital interest in the development of a Law of the Sea treaty. We 

 have long been concerned about access to air space over the oceans above interna- 

 tional straits and in archipelagic waters. 



The Chief of Naval Operations, Admiral Hayward wrote on April 

 2, 1981, 



I can assure you that the Navy is sensitive to the importance of retaining 

 adequate safeguards for central navigation rights in a treaty. We will work to that 

 end in the ongorhg review process. 



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