provisions shall "prejudice the right of the Coastal 

 State to exploit the subsoil by means of tunneling 

 irrespective of the depth of water above the 

 subsoil."^ 2 



For purposes of the Convention, the "natural 

 resources" to which the coastal State is given 

 permanent exclusive access include: 



the mineral and other non-living resources of the 

 seabed and subsoil together with living organisms 

 belonging to sedentary species, that is to say, 

 organisms which, at the harvestable stage, either 

 are immobile on or under the seabed or are unable 

 to move except in constant physical contact with 

 the seabed or subsoil. ^ ^ 



The exercise of the sovereign rights of the 

 coastal State over the natural resources of the 

 continental shelf is not to "affect the legal status 

 of the superjacent waters as high seas, or that of 

 tlie air space above those waters."^'' However, the 

 coastal State may establish safety zones up to 500 

 meters around the installations and equipment it 

 operates to explore the continental shelf and 

 exploit its natural resources.^ ^ Ships of all nation- 

 alities must respect these safety zones^* and the 

 coastal State may take necessary measures in these 

 zones to protect its installations and equipment? ' 

 But it is also obliged to undertake, in the safety 

 zones, "all appropriate measures for the protection 

 of the Uving resources of the sea from harmful 

 agents."^ * 



Furthermore, the coastal State may not operate 

 installations or equipment, or establish safety 

 zones around them, which would interfere with 

 "the use of recognized sea lanes essential to 

 international navigation."^' The State's explora- 

 tion of the continental shelf and exploitation of its 

 mineral resources, furthermore, "must not result 

 in any unjustifiable interference with navigation, 



22 



Convention on the Continental Shelf, Ait. 7. 



^^W., Alt. 2(4). The Act of May 20, 1964, note 13 

 supra, also malces it unlawful for any foreign vessel "to 

 engage in the talcing of any Continental Shelf fishery 

 resource which appertains to the United States" except as 

 provided in the Act or "in an international agreement to 

 which the United States is a party . . . ." 



24. 



26 



28 



^Id., Art. 3. 

 ^Id., Art. 5(2) (3). 



Id., Art. 5(3). 

 Vc/., Art. 5(2). 



Id., Art. 5(7). 

 '/d., Art. 6. 



fishing or the conservation of the living resources 

 of the sea."^° Subject to the coastal State's right 

 to take "reasonable measures" to accomplish its 

 purposes, its activities must also not "impede the 

 laying or maintenance of submarine cables or 

 pipelines on the continental shelf."^ ' 



Finally, these activities of the coastal State 

 must not result "in any interference with funda- 

 mental oceanographic or other scientific research 

 carried out with the intention of open publica- 

 tion."^^ The State's consent must be obtained 

 "in respect of any research concerning the conti- 

 nental shelf and undertaken there."^^ 



Nevertheless, the coastal State shall not normally 

 withhold its consent if the request is submitted by 

 a qualified institution with a view to purely 

 scientific research into the physical or biological 

 characteristics of the continental shelf, subject to 

 the proviso that the coastal State shall have the 

 right, if it so desires, to participate or to be 

 represented in the research, and that in any event 

 the results shall be published. ^ '* 



D. High Seas 



Both coastal and non-coastal States may exer- 

 cise the freedoms of the high seas which, according 

 to the Convention on the High Seas, comprise (1) 

 freedom of navigation; (2) freedom of fishing; (3) 

 freedom to lay submarine cables and pipelines; (4) 

 freedom to fly over the high seas; and (5) other 

 freedoms "which are recognized by the general 

 principles of international law."^' But, of course, 

 some of these freedoms are restricted and regu- 

 lated pursuant to the Conventions on the Territo- 

 rial Sea and the Contiguous Zone and on the 

 Continental Shelf. The freedom to fish is also 

 regulated by bilateral and multilateral treaties, 

 including the Convention on Fishing and Conserva- 

 tion of the Living Resources of the High Seas^* 



"Id., Art. 5(1). 

 ^Id., Art. 4. 

 ^Id., Art. 5(1). 

 ^Id., Art. 5(8). 



35 

 36^ 



^Ibid. 

 Convention on the High Seas, Ait. 2. 



Convention on Fishing and Conservation of the 

 Living Resources of the High Seas, adopted by the United 

 Nations Conference on the Law of the Sea, April 28, 

 1958. The Convention became effective in 1966. 17 

 U.S.T. 138, T.I.A.S. No. 5969, U.N. Doc. A/CONF. 13/L. 

 54 and Add. 1 (1958). 



VIII- 14 



