86 



5. C oastal State Obliga tions ■ The premise of the High 

 Seas Convention (art. IU) and the carefully drafted articles 

 drawn from it (arts. 94 (5), 211 (2), etc.) is that a party 

 to the Lav/ of the Sea Convention may automatically be bound 

 by an international safety or pollution standard arising 

 from another instrument if that • standard is "generally 

 accepted." The words "generally accepted" are however 

 omitted in connection with pollution from continental 



shelf and other coastal state seabed activities (article 

 208(3)) as well as dumping (article 210(6)). The result is 

 a legal anomaly that could hurt the Convention and restrain 

 efforts to promote the gradual elaboration of environmental 

 recommendations and measures in UNEP and elsewhere. 



6. Install a tions . A comparison of articles 60, 147, and 

 Part XIII, Sec. 4 leaves one in doubt as to the significance 

 of their divergent texts on the same subject. Moreover, the 

 text of the removal requirement in article 60(3) was copied 

 without negotiation from the 1958 Convention, and reflects 

 neither state practice, nor modern technological and environ- 

 mental considerations, nor the definition of "dumping" in 



art. 1. The notion that a "recommendation" of an international 

 organizaticn is sufficient to expand a safety zone (art. 60 (5)) 

 and impede navigation is inconsistent with the rest of the 

 Convention. 



7. Function-less Articles. Possible candidates for this 

 category include art. 85 Ttunneling) (copied from Geneva) 

 and 264 (a remnant that is the only general dispute settle- 

 ment cross-reference of its kind in a substantive text) . 



8. Relationship between Third Committee Texts and those 

 of the other Committees. Since the Third Committee was 

 the first to complete work, some problems of integrating 

 its texts with the rest of the Convention inevitably arise. 

 Third Committee texts ignore the existence of archipelagic 

 waters; do not match First Committee terminology on rules, 

 regulations and procedures of the Authority or Second 

 Committee terminology on nationality of ships; fail to 

 cross-reference axpressly the detailed provisions of 



Part XI and related annexes on transfer of technology; and 

 incorrectly imply that only Part XI, and not even PartsXII and XIi: 

 apply to marine scientific research in the Area. 



9. Verbosi ty. The Convention texts will be reproduced 

 thousands of times in international and national instru- 

 ments, books, and articles. Stripping the texts of 

 repetitive litanies would help to prevent, reduce and control 

 pollution. 



