THE SEABED AND OCEAN FLOOR BEYOND THE LIMITS OF NATIONAL JURISDICTION-A REVIEW OF UNITED NATIONS DISCUSSIONS

Abstract

For countless centuries the activities of man were bounded, in the main, by the limits of the dry land on which he lived. Some of the more intrepid ventured out upon the seas and oceans — to fish, to explore, to trade, or to fight. In the twentieth century man has conquered the air and circled the globe in space.

Now the world looks to another new frontier — the field of exploration of the seabed beneath the oceans. In recent decades there has been an awakening to the existence of natural resources in the seabed and ocean floor.

Tliis prospect of discoiering, and more importantly producing, minerals from the deep ocean floor, appears to offer the potential of expanding the resource base of modern civilisation at a time when a growing world population, coupled with rising standards of living, are throwing increased demands on the world's known stock of natural resources.

For three years the United Nations, following an initiative by the island state of Malta, has been discussing the reservation, exclusively for peaceful purposes, of the seabed and ocean floor beyond the limits of national jurisdiction, and the use of the resources of this area, in the interests of mankind as a whole.

During these discussions diverse points of view have emerged: some would restrict the jurisdiction of a coastal state severely; others argue for extensive coastal state jurisdiction. Some want elaborate and comprehensive international machinery to control all activities on the seabed in accordance with a regime agreed internationally; others support more modest arrangements arguing that elaborate machinery would swallow up the financial benefits and leave little or nothing for the world community; still others contend that the regime and machinery should, initially at least, be resource oriented.

The Australian delegation has put the view that any international arrangements for the deep seabed must be effective, credible and impartial. Such arrangements must not only command the support of the nations of the world regardless of geographical location or political system, they must also instil confidence in the minds of operators that rights granted can, and will, be upheld.

Moves are developing for a further comprehensive law of the sea conference — perhaps within two or three years - which will tackle several outstanding matters including, importantly, that of a suitable regime and administrative machinery for the seabed and ocean floor beyond national jurisdiction. Inevitably this will involve consideration of the imprecision of the limits of the continental shelf as presently defined by the Geneva Convention of 1958. Other subjects requiring attention are the breadth of the territorial sea, rights of passage through straits and fisheries matters.

Australia, an island continent with a long coastline and an extensive continental shelf, has a vital interest in the course of these deliberations.