Some International Issues 



Related to 

 Law of the Sea 



The rules governing the use of the seas by the nations of the world are today 

 in a transition comparable to that which took place in our own country when 

 the frontier and the open range disappeared. While NACOA finds the emerging 

 U.S. positions at the level of the Working Group on Law of the Sea soundly in 

 the national interest and consistent with international needs, it also finds that 

 the actual situation, and the U.S. current tactics in negotiation, give less cause 

 for optimism. These matters are discussed with respect to freedom of passage, 

 fisheries, and freedom of research. NACOA then suggests the kind of effort and 

 program adjustment which should result in a more positive approach and im- 

 proved prospects for international agreement. 



It will be impossible to come anywhere near the oceanic goals set by 

 the Congress or proposed by earlier commissions and councils until an 

 updated and accepted set of international rules is developed for inter- 

 national oceanic operations. The international negotiations on the Law of 

 the Sea have a status comparable to those on disarmament, and may 

 very well take longer to resolve. We should take care not to view this 

 matter with undue optimism in view of the complexity and wide range 

 of issues to be resolved. 



The basic issues before us are in several broad categories which have to 

 do with: 



• the extent of territorial waters and the resultant effect on freedom 

 of navigation and overflight and freedom for research; 



• fisheries; and 



• the appropriate regime for the management of the ocean basins. 

 The complexity of the issues derives from the many difTerent interests, 



national and international, and has diplomatic aspects that are normally 

 not discussed in official reports. NACOA nevertheless feels that the im- 

 portance of a full and frank discussion of this multifaceted problem is 

 essential if procedures and programs are to be adopted that can move 

 matters forward. We conclude that the present situation is unsatisfactory 



