486 



proval of the Congress — in other words, with regard to any joint ven- 

 tures in which we might engage. 



Is this also true concerning matters which relate to the ocean's floor 

 and bed or the ocean itself ? 



Mr. Pollack. I am not aware of any legislative requirement that 

 would be applicable to the ocean bed or the ocean floor. 



Mr. Pellt. I always thought that the Congress had the right of 

 approval with regard to any international agreements or joint arrange- 

 ments. Of course, there also might be executive agreements. However, 

 concerning the ocean floor, where I thought we already had established 

 rights by international convention, it caused me some worry. 



Consequently, I am particularly interested in following up events in 

 the United Nations. I know all the other Members of Congress share a 

 similar interest. 



I have received a legal memorandum from the Law Division of the 

 Library of Congress indicating that the disposal of U.S. property — 

 and I assume that would mean material property— the approval of 

 both Houses of Congress is required under the Constitution. 



Under the 1958 (jeneva Convention if the floor of the ocean was 

 yielded to any international agency, would this require the consent of 

 both Houses of the Congress ? 



]Mr. Pollack. Of course, the conventions were ratified by the Senate 

 and any modifications in those conventions would have to be. 



Mr. Pelly. The convention of 1958 ? 



Mr. Pollack. Yes, sir ; all of those. 



Mr. Pelly. Once that ownership is established through an interna- 

 tional convention, which has been duly approved by the Senate, then 

 my question is whether the consent of both Houses of the Congress is 

 required to transfer such ownership to an international body ? 



Mr. PoLL.\CK. I cannot answer that question as an expert, but it is 

 my impression that the requirements of the Constitution call upon the 

 Senate to provide the advice and consent in effect to what constitutes 

 a treaty. 



Mr. Pelly. In other words, if we surrender our sovereign rights in 

 Panama, then is it your opinion that this could be done by Senate ap- 

 proval only and not both the House and Senate ? 



Mr. Pollack. May I turn to Mr. Futterman who is from our legal 

 adviser's office because this is a legal question ? 



Mr. Ftjttekman". I do not have the Constitution of the United States 

 before me, but my memory of it is that it prescribes that the law of 

 the land includes laws passed by Congress, of course, and treaties 

 which are put in force with the advice and consent of the Senate. So 

 I think, based on that, it would seem that treaties have an equal status 

 with laws which are passed by both Houses of Congress. 



Mr. Edwards. Will the gentleman yield ? 



Mr. Pelly. Yes. 



Mr. Edwards. Is it not a question of whether title to the land is vested 

 in the United States as a result of the convention which was ratified 

 by our Senate ? Is that not the question ? 



]\Ir. Pelly. Yes. 



Mr. Edwards. And once title is vested, if in fact it is, then would it 

 not require the vote of both Houses of Congress in order to dispose of 

 that title or any right in that title ? Is that not the question ? 



