208 



such action is consistent with preserving or enhancing marine environmental 

 quality ; and such a unilateral right, if any, should be stated in a multilateral 

 treaty. 



Resolved, Further, That if the coastal state is given jurisdiction over the ocean 

 beyond the territorial sea or contiguous zone under the Geneva Conventions on 

 the law of the sea, by establishing a new "economic resource zone" or patri- 

 monial sea, then the coastal state should be required to act as a custodian for 

 all nations to control pollution and preserve the marine environment; and the 

 coastal state should be given primary, but not exclusive, environmental jurisdic- 

 tion ; but if the coastal state failed to enact or enforce minimum international 

 environmental standards, then an international, environmental authority would 

 have jurisdiction in the "patrimonial sea" for environmental purposes. This inter- 

 national environmental authority shall e.stablish a plan for the oceans, set 

 environmental standards and enforce the same. The coastal state, or regional 

 arrangements of coastal states, may enact and enforce higher environmental 

 controls and standards than the international minimum standards. 



Resolved, Further, That the law of the sea should be expanded to clearly 

 define pollution and to state a general obligation of all states not to pollute the 

 oceans, to protect and preserve the marine environment, and to be liable and 

 responsible for damage to the marine environment from pollution. These provi- 

 sions should manifest a comprehensive, systematic, yet flexible, approach to 

 life in the oceans and marine pollution, whether arising from land-based or 

 marine sources, which approach is based upon scientific, ecological analysis. 

 This also includes freedom of scientific research in the oceans to monitor and 

 control marine pollution with free exchange of the fruits of such research. 



Resolved, Further, That the Sierra Club is opposed to any international sea- 

 bed treaty or regime governing the development of ocean mineral resources unless 

 such treaty or regime contains stringent environmental provisions to prevent 

 pollution and enhance and preserve the marine environment including but not 

 limited to: (1) an environmental impact analysis before approving or licensing 

 a project for the exploration, exploitation or development of ocean mineral 

 resources and that such a project shall be approved only if it is consistent with 

 enhancing or preserving the environmental quality of the oceans or any part 

 thereof; (2) states and international organizations be given a right to seek 

 review of any license to develop resources as to the proposed project's com- 

 pliance with the regime's environmental provisions; (3) the elimination of the 

 conflict of interest in promoting development and preserving the environment, 

 which is inherent in many proposed regimes, such as by creating an Environ- 

 mental Commission with persons of the highest competence in marine environ- 

 mental and ecological matters to review each development project or by broaden- 

 ing the regime to include jurisdiction over matters other than marine mineral 

 development; (4) provisions for guidelines to properly balance development and 

 conservation consistent with the oceans environmental quality. 



Resolved. That the Sierra Club takes no position at this time on the breadth 

 of the territorial sea, contiguous zone, or economic resource zone because regard- 

 less of the breadth environmental protection is a nei-essary provision of each. 



Resolved further. That the United States be required to analyze thoroughly 

 the environmental impact of the United States' draft of a U.N. Convention on 

 the International Seabed Area, dated August 30, 1970, and that a similar 

 environmental analysis of the seabed proposals of the U.S. and other countries 

 submitted to the U.N. should be performed by the U.N. Environmental Secre- 

 tariat. 



Resolved, further. That the Sierra Club opposes the "flags of convenience" 

 l)rinciple which weakens marine environmental controls, and it favors state 

 responsibility of the state of registry of vessels causing pollution. It also favoi-s 

 stronger international methods of enforcing environmental laws and standards, 

 including the application of the imiversality principale to marine pollution. 



Resolved further. That the Sierra Club favors; international conventions estab- 

 lishing international marine parks, preserves and sanctuaries in .seas and oceanic 

 areas of international significance, such as by an amendment to the Convention 

 For the Protection of the World Cultural and Natural Resources. 



Sierra Club. 

 Mills Tower, San F rati ei sea. 



