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the sea conventions. One method would be the application of the universality 

 principle in international law to pollution. Under international law, certain 

 widely condemned crimes, as slavery, slave trade, or genocide, are matters of 

 imiversal jurisdiction. Any state may arrest and punish a perpetrator of those 

 crimes regardless of the nationality of the offender or victim or the place of the 

 crime. 



The universality principle, if extended to pollution, would permit the appre- 

 hension and punishment of a polluter of the oceans irrespective of where the 

 pollution occurred or whether it directly injured the arresting state. This prin- 

 ciple should be extended to marine pollution in view of its threat to the life 

 in the oceans and to human survival. It would prevent polluters from shelter- 

 ing marine polluting activities in states which have weak or nonexistent laws. 

 Enforcement should not be limited merely to other states ; but it should be 

 permitted by international agencies and nongovernmental organizations in the 

 U.N. which have interests in environmental affairs. Finally the list of pollutants 

 covered subject to universal arrest and pmiislmient need not extend to every 

 contaminant of the ocean, but only to those serious pollutants established by 

 marine scientists, such as GESAMP. 



(c) International Marine Parks and Preserves : In the United States and many 

 other countries, valuable wildlife areas are permanently set aside. Under the 

 recent Marine Protection Research, and Sanctuaries Act of 1972, this also applies 

 to offshore areas, for marine preserves can be declared in continental shelf wa- 

 ters. The concept of protecting ocean areas with valuable marine ecosystems 

 should be extended beyond the limits of coastal state jurisdiction. A "world, 

 heritage trust fund" has been proposed to grant special status to land based 

 wildlife areas of international significance. Similarly, valuable oceanic regions, 

 with unique marine life, species or ecosystems, or areas of aesthetic, educational, 

 scientific, or ecological value should be protected through an international marine 

 sanctuary convention. This has been suggested in the U.S. draft seabed conven- 

 tion, but the creation of a marine preserve in the trusteeship zone would require 

 the consent of the trustee coastal state. 



Such a convention could give special protection to the oceanic areas where 

 primary production occurs. The areas of abundant primary production have 

 t)een identified by oceanographers. They are critical to all life within the oceans 

 since plankton forms the base of the food chain ; and it is important to terres- 

 trial ilfe. including man, becau.se of plankton's function as the principal regen- 

 eration of the earth's oxygen through photosynthesis. International protection 

 of ocean areas rich in plankton has recently been advocated by Jacques Costeau. 



One especially desirable area for an international marine preserve is the 

 Southern Ocean surrounding Antarctica. After a decade of oceanographic 

 research, there is little doubt that the Southern Ocean is "the world's most 

 fertile large oceanic region." It is a most appropriate place for an international 

 marine sanctuary protection because, as a polar region, it is not subject to 

 claims of ownership by sovereign states. While the Humboldt Current off Peru 

 is also richly endowed with marine life, Peru claims rights up to 200 miles over 

 it, and consequently an international marine conservation convention for the 

 Humboldt Current might be difficult to conclude. However, these problems do 

 not exist in Antarctica or the Southern Ocean. There have been significant 

 international conservation efforts in Antarctica under the Antarctica Treaty of 

 1959. For example, the treaty area of Antarctica was declared a "Special Con- 

 servation Zone," and the introduction of foreign flora and fauna, or killing 

 indigenous animals are forbidden without special permits. Further, penguin 

 and seal rookeries have been given special protection. The recent Antarctic 

 Seal Convention further demonstrates the environmental cooperation in Ant- 

 arctica. This cooperation can and should be extended beyond the Antarctic Con- 

 tinent to the rich sea encircling it. 



Thus, in addition to presenting its views on traditional law of the sea topics, 

 the Sierra Club can make a new and positive contribution by suggesting an 

 international treaty for the conservation of valuable ocean areas. Since this 

 concept has not yet apparently been proposed, the Sierra Club can urge the 

 consideration of such an international marine convention for the law of the 

 sea conference. In cooperation with oceanographers. it could draft a model 

 marine convention for ecologically significant oceanic areas of primary pro- 

 duction, or a special convention for Antartica's Southern Ocean. 



