Lloyd's Maritime and Commercial Law Quarterly
LEGAL NOTES
LITTORAL STATES’ SOVEREIGN RIGHTS
Unlike the territorial sea, the right of the Indian coastal states within a proposed 200-mile exclusive economic zone into the sea, for each of the littoral states, should extend to the exercise of sovereign rights over both living and nonliving resources in each zone. This was the general view among the majority of high-level governmental delegations of 27 African and Asian countries at the 16th session of the Asian/African legal consultative committee which ended in Teheran in March. The committee is one of the world’s three inter-governmental regional bodies in the field of international law with which the United Nations works in close co-operation.
Briefing newsmen in India on the discussions on “law of the sea” at the eight- day session of the committee, its re-elected secretary general, Mr. B. Sen, said that these delegations also generally favoured that coastal states should also have other sovereign rights in their exclusive economic zones, as were necessary for the preservation and enjoyment of those resources.
A consensus had already been reached between most of the developing countries at the last UN conference on the law of the sea for an exclusive economic zone for each of the littoral states. This new concept of exclusive economic zones for coastal states has also been acceptable to big powers with certain reservations regarding the free passage of their warships in these zones. This proposal is to be further discussed at the next UN conference on the law of the sea this year.
Apart from the high level delegations from the member governments, some of which were represented at ministerial level, 15 Asian/African governments and 26 governments from outside the Asian/African region also attended the session as observers. In addition, a number of international organisations like the United Nations, the International Law Commission, the League of Arab States, the UN Food and Agricultural Organisation, the Commonwealth Secretariat, and the Inter-Governmental Maritime Consultative Organisation also participated in the deliberations.
There was a general feeling among the member delegations that coastal states should have the exclusive right to formulate rules and regulations in respect of marine pollution from land-based sources, including industrial activity and also pollution resulting from the exploitation of the sea bed and sub-soil within such proposed economic zones. This, the members felt, was necessary because no international regulations on marine pollution existed nor any competent international organisation had yet been established to formulate rules and regulations in these matters.
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