National Jurisdiction, and the Uses of Their 

 Resources in the Interest of Mankind. ' ' 



3. Creation of Ad Hoc Committee To Study the 

 Peaceful Uses of the Seabed and Ocean Floor 

 Beyond the Limits of National Jurisdiction 



The Malta Resolution was referred to the First 

 (Political) Committee of the General Assembly. 

 After debate in this Committee and on the floor, 

 the General Assembly, by a vote of 99-0 on 

 Dec. 18, 1967, adopted a resolution sponsored by 

 39 countries, including the United States.'^ This 

 Resolution recognizes that "the exploration and 



'''u.N. Doc. A/6840, Add. 2. This is the revised version 

 of the original resolution which called for a declaration 

 and treaty embodying its principles. See U.N. Doc. 

 A/6695. 



In its Memorandum accompanying the original pro- 

 posal, Malta urged that immediate steps be taken to draft 

 a treaty embodying the following principles: 



(1) The seabed and the ocean floor, underlying the seas 

 beyond the limits of present national jurisdiction, are not 

 subject to national appropriation in any manner what- 



(2) The exploration of the seabed and of the ocean floor, 

 underlying the seas beyond the limits of present national 

 jurisdiction, shall be undertaken in a manner consistent 

 with the Principles and Purposes of the United Nations. 



(3) The use of the seabed and of the ocean floor, 

 underlying the seas beyond the limits of present national 

 jurisdiction, and their economic exploitation shall be 

 undertaken with the aim of safeguarding the interests of 

 mankind. The net financial benefits derived from the use 

 and exploitation of the seabed and of the ocean floor 

 shall be used primarily to promote the development of 

 poor countries. 



(4) The seabed and the ocean floor, underlying the seas 

 beyond the limits of present national jurisdiction, shall be 

 reserved exclusively for peaceful purposes in perpetuity. 



The Memorandum also expressed the view that the 

 treaty 



should envisage the creation of an international agency (a) 

 to assume jurisdiction, as a trustee for all countries, over 

 the seabed and the ocean floor, underlying the sea beyond 

 the limits of present national jurisdiction; (b) to regulate, 

 supervise and control all activities thereon; and (c) to 

 ensure that the activities undertaken conform to the 

 principles and provisions of the proposed treaty. 



It should be noted that Malta made no proposal to fix 

 "the limits of present national jurisdiction." 



'*U.N. Doc. A/RES/2340 XXII. The Resolution was 

 sponsored by Afghanistan, Australia, Austria, Belgium, 

 Brazil, Bulgaria, Canada, Ceylon, Chile, Colombia, 

 Ecuador, France, Ghana, India, Indonesia, Jamaica, 

 Japan, Libya, Luxemburg, Madagascar, Malta, Mexico, 

 Netherlands, Nigeria, Norway, Pakistan, Poland, 

 Roumania, Senegal, Somalia, Sudan, Trinidad and 

 Tobago, Tunisia, Turkey, United Arab RepubUc, United 

 Kingdom, United States, Venezuela, and Yugoslavia. 



use of the seabed and the ocean floor, and the 

 subsoil thereof, as contemplated in the title of the 

 (Malta) item, should be conducted in accordance 

 with the principles and purposes of the Charter 

 of the United Nations, in the interest of main- 

 taining international peace and security and for 

 the benefit of all mankind." The General As- 

 sembly, the Resolution states, is mindful "of 

 the provisions and practice of the law of the sea 

 relating to this question," and "of the importance 

 of preserving the seabed and the ocean floor, and 

 the subsoil thereof, as contemplated in the title of 

 the (Malta) item, from actions and uses which 

 might be detrimental to the common interests of 

 mankind." 



Under the Resolution, an ad hoc committee of 

 35 nations^' was created to prepare a study, for 

 consideration by the General Assembly at its 23rd 

 (1968) Session, which would include: 



(a) A survey of the past and present activities 

 of the United Nations, its agencies, and other 

 intergovernmental bodies regarding the seabed and 

 ocean floor; 



(b) An account of the scientific, technical, 

 economic, legal and other aspects of this (Malta) 

 item; and 



(c) An indication of practical means to pro- 

 mote international co-operation in the explora- 

 tion, conservation and use of the seabed and the 

 ocean floor, and the subsoil thereof, as contem- 

 plated in the title of the item, and of their 

 resources, "having regard to the views expressed 

 and suggestions put forward by Member States 

 during the consideration of this item at the 

 twenty-second session of the General Assembly." 



The Resolution requested the Secretary-General 

 to submit to the Ad Hoc Committee his report on 

 the resources of the sea. 



The debate on this Resolution revealed the 

 wide range of views held by the 58 nations that 

 participated. "Some countries advocated that title 

 to the seabed be vested in the United Nations. 



The following member States were appointed to the 

 Ad Hoc Committee: Argentina, AustraUa, Austria, 

 Belgium, Brazil, Bulgaria, Canada, Ceylon, Chile, 

 Czechosiavakia, Ecuador, El Salvador, France, Iceland, 

 India, Italy, Japan, Kenya, Liberia, Libya, Malta, Norway, 

 Pakistan, Peru, Poland, Roumania, Senegal, Somalia, 

 Thailand, U.S.S.R., Tanzania, United Arab Republic, 

 United Kingdom, United States, Yugoslavia. With the 

 exception of Austria and Czechosiavakia, all of these aie 

 coastal States. 



VIII-27 



