APPENDIX 5 



Letter of March 26, 1981, From Gen. E. C. Meyer, Chief of Staff, 

 U.S. Army, to Hon. Benjamin A. Gilman 



UNITED STATES ARMY 

 THE CHIEF OF STAFF 



2 6 MAR 1981 



The Honorable Benjamin Gilman 

 Minority Member 

 Committee on Foreign Affairs 

 House of Representatives 

 Washington, DC 20515 



Dear Mr. Gilman: 



Thank you for your letter of March 19, 1981, expressing your views and 

 those of other members of the House of Representatives on the status of 

 the Law of the Sea Conference. 



The purpose of the well-publicized decision to review the Law of the Sea 

 Draft Treaty Text would appear to be a thorough review to determine if 

 the treaty is in the net national interest. 1 agree with you that US 

 security interests, among others, are an important aspect of the emerging 

 treaty and should be carefully considered." 



In that regard, the generally accepted consensus is that the trend in 

 customary international law is to restrict free transit of the oceans by 

 expansion of the territorial sea from 3 to 12 nautical miles. This expansion 

 of the territorial sea would close 116 straits to navigation, except 

 innocent passage, which does not include submerged transit or overflight. 

 The draft treaty would appear to preserve the right of submerged transit 

 and overflight through these key straits by a new . regime called transit 

 passage. A similar new regime could also preserve navigational and 

 overflight rights through archipelagoes, another area in which there is a 

 trend in customary international law toward restriction of free passage. 

 On balance, it appears that an international standard codifying such 

 freedoms would be desirable. 



The Army. will, of course, seek to ensure that our security interests are 

 properly considered in the ongoing review of the Law of the Sea Draft 

 Treaty Text. 



Sincerely, 



E. C. M^TER 



General/, United States Army 



Chief of Staff 



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