Part Vll-Sea Guard 



Article 30 



In order to promote the objectives and ensure the observance of the provisions set forth in this 

 Treaty, States Parties to the Treaty agree that there shall be established as a permanent force a Sea 

 Guard of the United Nations which may take such action as may be necessary to maintain and enforce 

 international compliance with these principles. 



Article 31 



The Sea Guard shall be under the control of the Security Council of the United Nations, in 

 consultation with the licensing authority referred to in Article 12 of this Treaty. Paragraph 3 of Article 

 27 of the Charter of the United Nations shall be applicable to decisions of the Security Council made 

 with respect to the Sea Guard. The licensing authority shall be responsible under the Security Council 

 for the supervision of the Sea Guard in connection with the performance by the Sea Guard of such 

 duties as the licensing authority may deem appropriate to assign or delegate to the Sea Guard for 

 purposes of the implementation of Part III of this Treaty. 



Article 32 



States Parties to the Treaty are encouraged to provide to the Sea Guard such personnel and suitable 

 scientific and sea patrol vessels as are necessary for the establishment and maintenance of the Sea Guard. 



Part VIII-National Laws to Apply to Crimes in Ocean Space Pending International Agreement on Code 

 of Criminal Law 



Article 33 



Pending agreement upon an international code of law governing criminal activities in ocean space and 

 the installation of an appropriate tribunal with jurisdiction over violations of such code of law, personnel 

 of States Parties to the Treaty and non-governmental entities of States Parties and international 

 organizations engaged in activities of exploration or exploitation in ocean space shall be subject only to 

 the jurisdiction of the State of which they are nationals or the State which bears responsibility for their 

 activities in respect of all acts or omissions occurring while they are in ocean space, unless otherwise 

 provided for by international law or in this Treaty. 



It should be noted that the proposed Treaty would redefine the continental shelf, for its purposes, to 

 include "(a) ■ • ■ the seabed and subsoil of the submarine areas adjacent to the territorial sea to a depth 

 of 600 meters, and (b) . . . the seabed and subsoil of similar submarine areas adjacent to the coasts of 

 islands." Nevertheless, this recommendation does not seem to be hard and fast, for the Treaty would 

 also commit the States which become parties to it to accept any redefinition negotiated as a result of a 

 request for revision of the Convention on the Continental Shelf. No suggestion is made, however, as to 

 how the continental shelf should be redefined in the event an international conference is convened for 

 this purpose. 



It is also difficult to evaluate the provisions for licensing in the proposed Treaty. While the Treaty 

 makes clear that each State Party undertakes to engage in mineral resources exploration or exploitation 

 only under Hcenses issued by the designated international licensing authority, it does not state explicitly 

 whether the licensing authority may deny an appUcation for a license made to it by a State Party. The 

 provisions of the Treaty regarding competing appUcations, however, may imply that in all other cases the 

 licensing authority must grant every application. In any case, it is clear that the licensing authority 

 would have extensive powers to impose conditions upon licensed operations. 



VIIM03 



333-092 0-69— 24 



