492 



It has now become apparent that exploitation well beyond the 200 meter depth 

 is now or will become feasible. As a result there is considerable interest in more 

 precisely deflnining the extent of coastal state rights and the legal regime that 

 should govern the exploitation of resources beyond the continental shelves. This 

 effort involves a number of interests and complicated issues and undoubtedly 

 will take some time. 



Mr. Lennon. I recognize the gentleman from Minnesota, Mr. Karth. 



Mr. Karth. Thank you, Mr. Chairman. 



I would just like to refer back to the colloquy that you and Mr. Pelly 

 engaged in with reference to Ambassador Goldberg's statement. I 

 wonder whether or not Ambassador Goldberg's statement, which in- 

 cluded those words "without discrimination," was meant to be in con- 

 sonance with the freedom of the seas doctrme wherein no nation is 

 restricted really from operating on the seas so long as they do not 

 violate the coastal rules or regulations or laws that have been agreed 

 to and which give certain rights to those nations that do have a coastal 

 area. 



Would you comment on that ? 



Mr. Pollack. Let me ask Mr. Futterman to comment. 



Mr. Futterman. Mr. Goldberg's statement, if I may quote it ex- 

 actly, was "Whatever legal regime for the use of the deep ocean floor 

 may eventually be agreed upon, it should assure that the deep ocean 

 floor will be opened to exploration and use hy all states without dis- 

 crimination." 



The purpose of this statement was not attempt to prejudge what 

 the regime for the use of the deep ocean floor would be. Bather, it was 

 intended to make perfectly clear that whatever regime would be de- 

 cided upon ultimately, it should include the basic principle that all 

 states would have access to the exploration and use of the seas without 

 discrimination. 



Mr. Karth. Irrespective of whether they have a coastal area or not? 



Mr. Futterman. This would include states that do not have a coast- 

 Mr. Karth. If that is the intent and purpose upon which it is predi- 

 cated; frankly, I agree. I do not see how we, because we do have a 

 coastal area, could say to those nations unfortunate enough not to 

 have one, that they cannot operate on the high seas insofar as it relates 

 to research and development of resources outside the coastal limits of 

 those nations that do have a coastal zone. 



Mr. Pellt. WiU the gentleman yield ? 



Mr. Karth. Yes. 



Mr. Pellt. I think this matter can be viewed as one of free and 

 imiocent passage and the right to use international waters. However, 

 that is a little different, it seems to me, when it might be important 

 for some small state to come into the waters adjacent to some coastal 

 state and exploit and develop resources there. 



Mr. Karth. If the gentleman is talking about adjacent waters, I 

 think that is one thing. If he is talking about the Continental Shelf, 

 that in many ways belongs to coastal states, that is another thing. 

 IBut I think insofar as a state operating outside of the coastal area, I do 

 not see how we could take a position that because some nations are so 

 unfortunate as to not have a coastal area, they cannot involve them- 

 selves in the research and development of resources on the high seas 

 outside those coastal areas. I just do not see — even though I would 



