138 



It should therefore devise effective means of suspending those rights after due 

 determination of any such abuse, until compliance has been restored or repara- 

 tion made. It is by no means unthinkable to consider making even the right 

 of navigation subject to such control, through, for example, requiring states 

 parties not to afford port facilities to the vessels of states determined to be 

 grossly in violation of their obligation not to abuse the common resource. (In- 

 deed, this principle has already been applied in a limited way in the case of 

 compliance by tankers with regulations contained in the 1971 amendments to 

 the 1954 Oil Pollution Convention. ) 



These elements of a treaty would go far toward establishing a tenable base 

 from which the international community could act effectively in due course to 

 protect the marine environment. Without them, there is a serious danger that 

 the treaty will not only fail to provide such a base, but will so distribute juris- 

 diction and control over the ocean as to make effective action much more 

 diflScult in the future even than is the case now.' 



Senator Tunney. The committee will recess now until 9 :30 a.m., 

 June 19, when hearings will resume here in room 5110. 



[Wliereupon, at 1 :05 p.m., the committee recessed, to reconvene at 

 9 :30 a.m., Tuesday, June 19, 1973.'] 



