(3) Decisions by the United Nations agency wliether or not to open up particular areas of the deep' 

 seas to mineral resource development, in view of the conflicting uses of the areas in question, may be 

 made on the basis of the degree of control the agency wishes to exercise over these other uses— surface 

 and undersea navigation, submarine pipelines and cables, fishing, recreation, pollution control, military 

 exercises and installations, and scientific inquiry. This is a very far-reaching authority which may 

 provoke conflicts between States and the United Nations authority. 



(4) Finally, even if it is assumed that the United Nations agency is able to attract the kind of 

 personnel this alternative would require— an assumption many dispute— acceptance of this alternative at 

 this time "might be so revolutionary as to be disruptive of evolutionary processes."^* In any case, the 

 controversy that would undoubtedly accompany efforts to establish such a United Nations agency 

 would delay exploration and exploitation of the mineral resources of the deep seas and no agreement 

 might be reached. Such an eventuality would weaken the United Nations' "capacity to play a more 

 modest and hence more feasible role."^' 



VI. SENATOR PELL'S PROPOSED TREATY ON PRINCIPLES GOVERNING THE ACTIVITIES OF 

 STATES IN THE EXPLORATION AND EXPLOITATION OF OCEAN SPACE^° 



On March 5, 1968, Senator Claiborne Pell of Rhode Island introduced a resolution that it was the 

 "sense of the Senate" that the President should seek to negotiate an international treaty on the peaceful 

 exploration and exploitation of ocean space. Parts I and II of the proposed Treaty set forth certain 

 general principles which are similar, in many respects, to the principles presented by the United States to 

 the United Nations Ad Hoc Committee and with which our Panel is in accord. It should be pointed out 

 that the statement made by the United States makes explicit, as the proposed Treaty does not, that no 

 State may claim "sovereign rights" (or "sovereignty") over any area of the bed of the deep seas or its 

 subsoil. 



The provisions of the Treaty regarding exploration and exploitation of mineral resources follow: 



Part III— Use of Sea Bed and Subsoil of Ocean Space 



Article 12 



In order to promote and maintain international cooperation in the peaceful and orderly exploration, 

 and exploitation of the natural resources, of the seabed and subsoil of submarine areas of ocean space, 

 each State Party to the Treaty undertakes to engage in such exploration or exploitation only under 

 licenses issued by the licensing authority to be designated by the United Nations, with approval by the 

 Security Council in the manner provided by paragraph 3 of Article 27 of the Charter of the United 

 Nations. 



Article 13 



The natural resources referred to in this Part consist of 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 the subsoil. 



Article 14 



The activities of nationals and non-governmental entites in the exploration of submarine areas of 

 ocean space and the exploitation of the natural resources of such areas shall require authorization and 



28 



Cheever supra note 26, at 5. 



^'/d. at21. 



'°S. Res. 263, 90th Cong., 2d Sess., 114 Cong. Rec. S. 2199 (daily ed., March 5, 1968). In the main, this resolution 

 puts in treaty form the principles which Senator Pell had previously proposed for adoption by the United Nations 

 General Assembly. See S. Res. 186, 90th Cong. 1st Sess., 113 Cong.Rec. S. 16646 (daily ed., Nov. 17, 1967). 



VIII-98 



