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Non-LIVING RESOURCES OF THE SEA 
A Summary and Critique of Chapter 4, Part III of the Report of the 
‘Marine Science Commission 
Joint Report of the Section of International and Comparative Law, 
the Section of Natural Resources Law, and the Standing Committee 
on World Order Under Law of the American Bar Association, August 
1969 
NotTre.—This Report was approved by the Section of International and Comparative Law, 
by the Section of Natural Resources Law, and (with the qualifications noted on pp. 6 and 
56) by the Standing Committee on World Order Under Law at their meetings in Dallas 
on August 10-11, 1969. It is not to be construed as representing the opinions or views 
of the American Bar Association. 
Introduction 
On January 9, 1969, the Commission on Marine Science, Engineering and Re- 
sources, created pursuant to Public Law 89-454 enacted June 17, 1966, sub- 
mitted its Report to the President and Congress. This report, entitled Our Nation 
and the Sea, is a document of major significance in the formulation of United 
States policy with regard to all aspects of the sea, its resources, and its uses. 
The Commission Report, together with the supporting papers from the Com- 
mission’s various panels and consultants, is not only a comprehensive study but 
a positive program for future action. Many of its proposals are controversial, 
but all represent serious efforts to solve difficult and often novel problems. They 
merit careful attention from all concerned about national ocean policy. 
The present Joint Report is confined to those legal and institutional aspects of 
the Commission’s Report which are of common concern to the Sections and Com- 
mittees joining herein. It deals with that part of the Commission’s Report 
(chapter 4, part III) which relates to non-living marine resources beneath the 
sea. In particular, it examines the Commission’s proposals regarding an inter- 
national legal-political framework for the development of such resources in the 
light of the Resolution on this subject adopted by the House of Delegates of 
the American Bar Association at its meeting in Philadelphia in August 1968 and 
the Joint Report submitted to the House of Delegates.* 
Other parts of the Commission’s Report contain proposals of significant legal 
interest which are not discussed here. In particular, the Commission’s elaborate 
proposals for the administrative reorganization of oceanographic activities with- 
in the Federal Government have not been dealt with. The omission of any of 
these matters from the present Joint Report should not be taken as indicating 
either approval, disapproval, or lack of concern with respect thereto on the part 
of any of the sections or committees participating herein. 
I. THE DEVELOPMENT OF NONLIVING RESOURCES (P. 121)? 
The Report of the Marine Science Commission divides non-living marine 
resources into four categories: oil, gas, hard minerals and fresh water. Recov- 
éry of each of these has its unique problems. All have common problems, such 
as a need for reconnaissance surveys, the role of Federal agencies, and a national 
and international legal framework. 
A. Petroleum (p. 122) 
The Report notes that investments of the U.S. offshore oil industry now run 
more than $1 billion annually and will grow about 18% per year for the next 
ten years. Offshore sources on a world-wide basis will probably produce at least 
a third of world production in ten years. It is unlikely that oil exists in com- 
parable quantities in the deeper ocean basins beyond the foot of the continental 
terrace or slope. 
1. Technical considerations (p. 123) 
Regarding technical considerations applicable to petroleum, the Report con- 
tains this recommendation (p. 124) : 
“that appropriate mechanisms be established to assure timely exchange of 
scientific and technological information among the Federal Government, the 
petroleum industry and the scientific community consistent with security and 
proprietary considerations.” 
1 The text of the resolution appears in the appendix to the present Joint Report. 
2 Page numbers in parentheses refer to the printed Commission Report, 
