129 



by no means be unthinkable in these ne^sfotiations that even the ri^ht 

 of navigation should be subject to such control, to say nothin*j of the 

 ri^ht of exploitation of resources, or the ri^ht to share in the proceeds 

 of exploitation if provision for such is made. 



This could be done by requiring states party to the treaty not to 

 afford port facilities to vessels determined to be grossly in violation 

 of their obligation. This principle has already been applied to a limited 

 way in one of the conventions produced through IMCO. It is the 1954 

 oil convention, by the 1071 amendments to that convention, with 

 respect to which the committee has legislation before it is at the pres- 

 ent time. So the principle itself is not new. It needs to be expanded in 

 scope and application. 



These elements of the treaty would go far in my view toward estab- 

 lishing a base from which the international community would be able 

 to act. "Without such eleinents, there is a serious da n"-er that the treaty 

 will not onlv fail to provide such a base, but will so distribute iurisdic- 

 tion and control over the ocean, on an essentially national basis, as 

 to make effectiA^e action bv the international community much more 

 difficult in the future than it is even at the present time. 



Senator Tunney. Thank vou verv^ much, Mr. HarflTove. You out- 

 lined some very important principles. Some mav call them bulky, and 

 perhaps unacceptable to the member states in the world communitv, 

 but I think that you have given us a good framework which which 

 I think all member states in the world communit)^ ought to strive to 

 achieve. 



I am mvself at the moment 45 minutes late to a luncheon engage- 

 ment. I did have two questions that I would like to ask you, and if 

 vou could capsulate vour answers, because I don't want to keep my 

 luncheon guests waiting too long. 



One, does your orroup have any views on the U.S. unilateral exten- 

 sion of its OAvn territorial sea to protect its environment or living re- 

 sources? 



A bill will be introduced today by Senator Magnuson to extend U.S. 

 territorial waters for such purposes to 200 miles. 



Mr. Hargrove. Let me first say. Senator, that my group, the Ameri- 

 can Society of International Law, does not have views, and I am not 

 speaking for them. 



But speaking for myself, from the perspectives that have been de- 

 veloped to some extent through the research and studv activities of the 

 societv in ocean policy matters, I Avould say I think it would be a mis- 

 take to respond at this time in this way to the frustrations which are 

 generating this move. 



I think the way to respond at this time is internationally, through 

 developing the policy of the U.S. trovernment in the law of the sea 

 negotiations in such a way as to make more likely the kinds of inter- 

 national measures that will cope with the problem to which this pos- 

 sible unilateral extension of jurisdiction would be another form of 

 response. 



AVhat the future will hold, one does not know, but my own judg- 

 ment is that there are ways in which our own policy, which of course 

 does not control the outcome of the negotiations but does have some 

 impact on them, could be improved in this respect, and some of tho3e I 

 tried to suggest here. 



