Chapter 2 Summary of Principal Recommendations 



I. A NEW INTERNATIONAL LEGAL-POLIT- 

 ICAL FRAMEWORK FOR EXPLORING AND 

 EXPLOITING THE MINERAL RESOURCES 

 UNDERLYING THE HIGH SEAS 



The United States should take the initiative in 

 proposing a new framework containing the follow- 

 ing provisions: 



A. A Redefined Continental Shelf 



The continental shelf of each coastal State, for 

 purposes of the Convention on the Continental 

 Shelf, shall be redefined so that its seaward limit is 

 fixed at the 200 meter (656 feet) isobath or 50 

 nautical miles from the baselines used for measur- 

 ing the breadth of its territorial sea, whichever 

 alternative gives the coastal State the greater area 

 for permanent, exclusive mineral resources explo- 

 ration and exploitation. 



B. An Intermediate Zone 



An intermediate zone should be created off the 

 coast of each State encompassing the bed of the 

 deep seas and its subsoil, i.e., the area beyond the 

 continental shelf as redefined, but only to the 

 2,500 meter (8,200 feet) isobath or 100 nautical 

 miles from the baselines used for measuring the 

 breadth of the territorial sea, whichever alternative 

 gives the coastal State the greater area for the 

 purposes for which the intermediate zone is 

 created. Only the appropriate coastal State or its 

 Ucensees shall be authorized to explore and exploit 

 the mineral resources of the bed of the inter- 

 mediate zone and its subsoil. In aU other respects, 

 such exploration and exploitation shall be subject 

 to the following provisions governing the bed of 

 the deep seas and its subsoil. 



C. An International Registry Authority 



1. All claims to explore or exploit mineral 

 resources in a particular area of the deep seas shall 

 be registered with an International Registry 

 Authority. Only a State, or an association of 

 States, shall be eligible to register such claims on 



behalf of a business entity which may or may not 

 be its national. Only the appropriate coastal State 

 shall be authorized to register a claim in its 

 intermediate zone. 



2. The Registry Authority shall register claims 

 on a "first come, first registered" basis, provided 

 only that its standards with respect to technical 

 and financial competence to undertake the task 

 are satisfied. 



3. Registration of a claim to explore shall 

 confer upon the State Registrant the exclusive 

 right to engage in, or authorize, such exploration, 

 subject to maximum area limitations and require- 

 ments as to the time within which the resources 

 must be proven. Failure to comply with these 

 conditions shall subject the registered claim to 

 revocation. 



4. Upon proof of discovery, the Registry 

 Authority shall convert the registered claim to 

 exploration into a registered claim to exploitation. 



5. Registration of a claim to exploit shall 

 confer upon the State Registrant the exclusive 

 right to engage in, or authorize, such exploitation 

 over a large enough area and long enough time to 

 enable the producer to operate economically and 

 to recover its original investment as well as an 

 adequate return thereon. 



Each registered claim shall also be subject to 

 the requirement of continued exploitation which, 

 however, may be waived from time to time by the 

 Registry Authority for good reason. Failure to 

 comply with this requirement shall subject the 

 registered claim to revocation. 



6. A State Registrant shall be authorized to 

 transfer the registered claim to any other State 

 which is a party to the agreements embodying the 

 new framework. 



7. To cover the costs of the Registry Author- 

 ity, every State shall be required to pay a specified 

 fee for each claim to explore which it registers and 

 an additional specified fee if and when that claim 

 is converted into a claim to exploit. 



8. Upon expiration of the period of registra- 

 tion of a claim to explore or exploit particular 

 mineral resources in a particular area of the deep 

 seas, further exploration or exploitation of such 

 resources in such area shall be subject to whatever 



VIII-5 



