12 



Have you or the administration made a statement that while the 

 policy review is still ongoing that there is support for the general 

 thrust of the Law of the Sea Treaty? Have you indicated that a 

 treaty is necessary, and that the administration is supportive of 

 such a treaty? 



Mr. Malone. Congressman Gilman, we have not. Neither the 

 administration nor I have made a statement concerning either 

 support or nonsupport for the treaty solution. Indeed, this is part 

 and parcel of our review process. We are reviewing the possible 

 options carefully, and this certainly explains part of the complexity 

 of the process and the length of time that we feel will be involved. 



The full spectrum of options which would be available to us, all 

 the way from the treaty solution on one end of the spectrum to the 

 nontreaty solution on the other — we are going to consider very 

 carefully. We have in no wise prejudged an outcome at this time. 



Mr. Gilman. Mr. Malone, if I might interrupt, if the gentleman 

 would yield, has the administration at any time taken a stand that 

 they are opposed to a Law of the Sea Treaty in either the cam- 

 paign phase or in the first few months of the administration? 



Mr. Malone. We have not taken a position either in support of 

 or against a treaty solution; that is, as I say, very much a part of 

 our review process. 



Mr. Gilman. I note that Ambassador T. T. Koh, who has acted as 

 the chairman of the current session, wrote a letter to Secretary of 

 State Haig on March 18, 1981, 1 and I quote from that letter: 



I wish to make two requests. First, I request that the process of review be 

 completed as soon as possible, and that in any case, not later than June of this year. 

 It is the collective will of the congress to complete our work this year. In order to do 

 so, and given the fact that we are not in a position to conclude our negotiations at 

 the current session, we will have to hold a final resumed session this summer. 



My second request is that while the review is taking place, the Reagan Adminis- 

 tration should make an authoritative statement affirming that it is working to- 

 wards the objective of a generally acceptable convention of the Law of the Sea and 

 that it continues to uphold the principle that the resources of the international area 

 of the seabed and ocean floor constitute the common heritage of mankind, and that 

 it stands by the compromised proposals enunciated by Secretary Kissinger in 1976 

 on the international regime for the exploration and exploitation of the resources in 

 the international area of the seabed and ocean floor. 



Mr. Gilman. How do we respond to that request by Chairman 

 Koh who is trying his best to keep this whole negotiating process 

 together and moving forward? 



Mr. Malone. I would like to submit for the record, Mr. Gilman, 

 the reply of the Secretary of State in that connection. 2 We, of 

 course, indicated essentially what I have indicated to you just now, 

 that we are looking at the situation in our review very, very 

 carefully. We will move through this to a conclusion just as rapidly 

 as we possibly can. We are going to look at it thoroughly in terms 

 of all of the questions that are involved. 



I do want to emphasize that we are very aware of the urgency 

 felt by some Conference participants and the need to move as 

 rapidly as we can. We are going to do so, and we have so informed 

 the President. 



Secretary Haig's letter appears in appendix 2, p. 97; Ambassador Koh's response in appendix 3, 

 p. 98. 

 2 See letter of June 10 from James L. Malone in appendix 4, p. 100. 



