2. First Session of the Third United Nations Conference on the
Law of the Sea, United Nations Headquarters, New York.

3. Advanced Economies
Emerging and developing economies (not least developed)
Emerging and developing economies (least developed)

4. President of the Third Conference on the Law of the Sea
Mr. Hamilton Shirley Amerasinghe
Sri Lanka

5. President Ronald Reagan said the treaty provisions “fairly
balance the interests of all states.” He ironically refused to
sign the treaty.
Another symbolic step towards closing this
gap was the implementation of a consensus
voting process.

6. Pardo called upon the General Assembly to establish “an effective
international regime over the seabed and ocean floor”
Pardo mentioned the need for the following principles:
(a) Seabed beyond National Jurisdiction not subject to nation appropriation.
(b) Seabed beyond national limits reserved for peaceful purposes.
(c) Scientific research and technology regarding deep sea shall be available
to all.
(d) Resources of the seabed shall serve the interest of Mankind.
(e) Deep sea exploration and exploitation shall not harm the marine
environment.
The basis of his argument was that the ocean and its resources are the
“Common heritage of Mankind.”

7. “The United States as a member – and might I add
paying member – of the United Nations is
entitled to know;
First, why did the Maltese Ambassador, Arvid
Pardo, make this premature proposal?
Second, who put the Maltese Government up to
the proposal? Are they, perhaps, the sounding
board for the British?
Third, and, most of all, why the rush?
It is my conviction that there is no rush; There is
little reason to set up additional unknowns and
additional legal barriers, which will impair and
deter investment and exploration in the depths of
the sea even before capabilities and resources
are developed.”

8. Resources of the Sea
•Manganese Nodules are
irregular potato shaped
deposits
•World tonnage estimates
unknown but Pacific Ocean
estimates range between
90 billion and 1.7 trillion of
metal ores
•Nodules are forming at a
rate at or greater than
present day consumption
World map showing the occurrence of metallic nodules. (Notice the
and use.
concentrations are primarily in the “deep sea” which the treaty calls
“the area”. These resources are under the jurisdiction of the United
Nations

9. There are two primary methods for marine
mining.
•In solution mining involves processing and
removing gold, silver and other minerals from
sea water. The Germans experimented with
in solution mining as a possible source of
gold for war reparations. In solution mining is
not technically feasible.
•Sea-bed mining
Click image Mining Cost per ton
Seabed to view more on Seabed Land Based Mining Cost per ton
Technology and Environmental
Protection.
$28 $40 - $100

10. Conception of the UNCLOS III
1967 - Resolution 2340 (XXII) created Ad Hoc
committee to study the Peaceful Uses of the Sea-
Bed and Ocean Floor beyond the Limits of
National Jurisdiction
– Hamilton Shirley Amerasinghe was President of this committee
between 1967 and 1970.
1968 – Resolution 2467 A (XXIII) establishing the
Committee on the Peaceful Uses of the Sea-Bed
and Ocean Floor beyond the Limits of National
Jurisdiction
1970 – Resolution 2750 (XXV), to convene a third
conference on the law of the sea in 1973

11. Third United Nations Conference on the Law of the Sea (UNCLOS III))
6th Session UNCLOS III (New
1st Session UNCLOS III (New York, US)
York, US)
10th Session UNCLOS III (New
2nd Session UNCLOS III York) (19/3/1981)
(Caracas, VE)
11th Session UNCLOS III (New
UNCLOS I (Geneva, CH) 3rd Session UNCLOS III York)
(Geneva, CH)
Adoption of UNCLOS
(10/12/1982)
1955 1960 1965 1970 1975 1980 1985 1990 1995 2000
5th Session UNCLOS III (New
UNCLOS entered into force
York, US) (17/9/1976)
22nd UN General Assembly -
Arvid Pardo Speech 9th Session UNCLOS III
(Geneva, CH)
8th Session UNCLOS III
UNCLOS II (17/3/1960) 4th Session UNCLOS III (New
(Geneva, CH)
York, US) (8/3/1976)
7th Session UNCLOS III
(Geneva, CH)

12. Freedom of the Seas
The cannon-shot rule set forth that a nation controlled a territorial sea as
far as a projectile could be fired from a cannon based on shore. In the 18th
century this range was approximate three nautical miles.

13. The Constitution of the Seas
• Part II – Territorial Sea and Contiguous Zone
• Part III – Straits Used for International Navigation
• Part IV – Archipelagic Zone
• Part V – Exclusive Economic Zone
• Part VI – Continental Shelf
• Part VII – High Seas
• Part XI – The Area
• Part XVI – General Provisions

14. Pause: Something to think about…
Joseph Tainter, an anthropologist and historian, theorizes that societal
collapse can simply be understood as a loss of the energy needed to
maintain social complexity. Collapse is thus the sudden loss of social
complexity, stratification, internal and external communication and
exchange, and productivity.
Arnold J. Toynbee argues that collapse occurs because societies that
develop great expertise in problem solving become incapable of solving
new problems by overdeveloping their structures for solving old ones.
Einstein said, “Keep it simple stupid.”
Is the Law of the Sea Treaty a sustainable solution?

15. LOST and Found
Senate Foreign Relations
Committee votes 17-4 to
Reagan Rejects Law of the
send LOST to senate for
Sea Treaty (LOST) Clinton revives and revises vote.
LOST.
Harry S. Truman establishes
US jurisdiction over
continental shelf - LOST sent to senate for
Presidential Proclamation ratification.
2667
1940 1950 1960 1970 1980 1990 2000 2010
Bush askes senate to ratify
Ronald Reagan establishes LOST. No changes were
12 mile territorial sea - made.
Presidential Proclamation
5928
LOST retuned to President
Ronald Reagan establishes
without a vote.
200 mile EEZ - Presidential
Proclamation 5030
LOST not yet ratified but
Obama supports it.

16. LOST and Found
Senate Foreign Relations
Committee votes 17-4 to
Reagan Rejects Law of the
send LOST to senate for
Sea Treaty (LOST) Clinton revives and revises vote.
LOST.
Harry S. Truman establishes
US jurisdiction over
continental shelf - LOST sent to senate for
Presidential Proclamation ratification.
2667
1940 1950 1960 1970 1980 1990 2000 2010
Bush askes senate to ratify
Ronald Reagan establishes LOST. No changes were
12 mile territorial sea - made.
Presidential Proclamation
5928
Other nations were quick to follow Truman's. Between 1946
and 1950, Argentina, Peru, ChileRonald Reagan establishes extended their
and Ecuador LOST retuned to President
without a vote.
200 mile EEZ - Presidential
rights to a to cover their Humboldt Current fishing grounds.
Proclamation 5030
LOST not yet ratified but
Obama supports it.

17. LOST and Found
Senate Foreign Relations
Committee votes 17-4 to
Reagan Rejects Law of the
send LOST to senate for
Extended Exclusive Economic Zone (EEZ) Sea Treaty (LOST)
Clinton revives and revises
vote.
• Nations which have extended continental sheleves may exploit LOST.
Harry S. Truman establishes
resources beyond 200 nautical miles for 5 years.
US jurisdiction over
continental shelf - LOST sent to senate for
• In the 6 th year the nation must pay 1% of the value of all resources
Presidential Proclamation ratification.
2667
produced from the site.
1940
• Rate increase by 1% each year until the twelfth year (max 7%)
1950 1960 1970 1980 1990 2000 2010
• Revenues are deposited with the ISA and distributed equally for senate to ratify Bush asks
Ronald Reagan establishes
“the good of Mankind” 12 mile territorial sea -
LOST. No changes were
made.
• The United States France and Australia have the largest exclusive
Presidential Proclamation
5928
economic zones in the world. Nations can exploit resources beyond
shelf for 5 years Ronald Reagan establishes
LOST retuned to President
Arvid Pardo was unhappy with 200 mile EEZ - Presidential
the treaties provision for without a vote.
an EEZ, lamenting that the common heritage white)
World Wide Exclusive Economic Zones (in of Mankind
Proclamation 5030
has been whittled down to “a few fish as sea weed.” LOST not yet ratified but
Obama supports it.
Appendix 4

18. “The Area”
The Area in blue is considered to be “the common
heritage of Mankind” (Article 136)

19. Ocean Management Structure
The International Seabed Authority has the power to
tax through
• Application fees ($250,000)
• Royalties (Annex, Section 8)
The Authority may also require technology details from
applicants which it may then share with applicants
from other nations.
The treaty creates a business called “the
Enterprise”, subsidized by assessments from member
nations, the Enterprise competes with nations and
businesses that wish to mine the seabed. (Article
58(2), 170 -173, Annex IV)

21. United States (signed but not ratified) Peru (has not signed)
•Other UN conventions are not •Due to a dispute with Chile
followed by signees (Human Rights, concerning the boundary between
Kyoto Protocol) which puts the US at the maritime zones in the Pacific
a distinct disadvantage because Ocean.
“*they+ follow the rules.”
•Technology transfer (Part XIV,
Article 266) a socialist policy.
•Limits on territorial sea, economic
zone and continental shelf already
part internationally accepted marine
law. •Unhappy with the reluctance of the
•Opponents claimed that the treaty major powers to share their
infringes on national sovereignty. advantages and to refrain from the
competitiveness that sustains the
•Treaty undermines scientific and contrasts and tensions in the world.
military intelligence in the deep sea.
38 countries (including the United States, Libya and North Korea)
have not yet ratified the Treaty: •North South Division at play

22. According to Part V of the treaty, states may exercise sovereign rights, and jurisdiction
on all resource related activities in the exclusive economic zone. Other states may
enjoy innocent passage, freedom of navigation and over-flight, lying of pipes and
cables and other internationally lawful uses of the seas.
Whether or not America’s passage is considered innocent and whether or not their
presence is internationally lawful will be up the international Tribunal for the Law of
the Sea. This Tribunal has the power to settle disputes between member states.
Tullio Treves, judge of the International Tribunal for the Law of the Sea, emphasised
that the UNCLOS was designed to function as the basis of the global ocean order. It
will be interesting to see how the treaty, which Treves says prefers stability to
adaptability, will resolve this situation between China and the United States given
the US has not ratified the treaty and is therefore not legally bounded by its
provisions. Only time will tell.

24. Bibliography
Kurt Waldheim, “Statement by Secretary-General Kurt Waldheim,” (statement presented at the United Nations Conference on the Law of the Sea, 1st meeting, United Nations Headquarters, New York, December 3, 1973
Mr. Hamilton Shirley Amerasinghe (Sri Lanka), “Presidential Address” (speech presented at the United Nations Conference on the Law of the Sea, 1st
meeting, United Nations Headquarters, New York, December 3, 1973).
Kurt Waldheim, “Statement by Secretary-General Kurt Waldheim,” (statement presented at the United Nations Conference on the Law of the Sea, 1st
meeting, United Nations Headquarters, New York, December 3, 1973
Introduction: Perspective on the History of U.S. Non-Ratification of the U.N. Convention on the Law of the Sea, and on the Prospects for an Early Reversal,”
Harry N. Scheiber, accessed November 29, 2010, http://www.boalt.org/bjil/docs/Publicist0
Scheiber.pdf.
Arvid Pardo, “Agenda Item 92” (paper presented at the United Nations General Assembly Twenty-Second Session, United Nations Headquarters, New
York, November 1, 1967).
United States Congressional Record, Washington, DC, 1967, vol. 113, p.H 12681.
Arvid Pardo, “Agenda Item 92” (paper presented at the United Nations General Assembly Twenty-Second Session, United Nations Headquarters, New
York, November 1, 1967).
John L. Mero, The Mineral Resources of the Sea (Amsterdam, Elseirer Publishing Co., 1965), 127-130).
“Polymetallic Nodules,” United Nations Atlas of the Oceans, accessed December
1, 2010, http://www.oceansatlas.org/servlet/CDSServlet?status=ND00MzkuMjI4NDY5JjY9ZW4mMzM9bmV3cyZzaG93Q2hpbGRyZW49dHJ1ZSYzNz1
pbmZv#koinfo.
John L. Mero, The Mineral Resources of the Sea (Amsterdam, Elseirer Publishing Co., 1965), 127-130).

25. Introduction: Perspective on the History of U.S. Non-Ratification of the U.N. Convention on the Law of the Sea, and on the Prospects for an Early Reversal,” Harry N. Scheiber, accessed November
29, 2010, http://www.boalt.org/bjil/docs/Publicist01 Scheiber.pdf.
Proclamation 2667,”The American Presidency Project, accessed November 25, 2010, http://www.presidency.ucsb.edu/proclamations.php.
“ UNCLOS art 76,” United Nations Division for Ocean Affairs and the Law of the Sea, The Definition of the Continental Shelf and the Criteria for the Establishment of its Outer Limits, accessed
November
29, 2010, http://www.un.org/Depts/los/clcs_new/continental_shelf_description.htm.
“Proclamation 5928,”The American Presidency Project, accessed November 25, 2010, http://www.presidency.ucsb.edu/proclamations.php.
“UNCLOS art 76,” United Nations Division for Ocean Affairs and the Law of the Sea, The Definition of the Continental Shelf and the Criteria for the Establishment of its Outer Limits, accessed
November 29, 2010, http://www.un.org/Depts/los/clcs_new/continental_shelf_description.htm.
“Stumbling into the 21st Century,” Centre for War/Peace Studies, accessed November 10, 2010, http://www.cwps.org/old/global56.htm.
“Proclamation 5030,”The American Presidency Project, accessed November 25, 2010, http://www.presidency.ucsb.edu/proclamations.php.
United Nations, United Nations Convention on the Law of the Sea (Montego Bay, Jamaica, 1982), Article 2, 23. .
“Introduction: Perspectives on the History of U.S. Non-Ratification of the U.N. Convention on the Law of the Sea, and on the Prospects for an Early Reversal,” Harry N. Scheiber, accessed
November 26, 2010, http://www.boalt.org/bjil/docs/Publicist01-scheiber.pdf.
“Ratify Law of the Sea,” The PEW Charitable Trusts, accessed November 29, 2010, http://ratifylawofthesea.org/?page_id=312.
“Port State Jurisdicition and Article 218 of the UN Convention on the Law of the Sea,” Hom-Sam Bang, accessed December 4, 2010, https://litigation-
essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=40+J.+Mar.+L.+%26+Com.+291&srctype=smi&srcid=3B15&key=e7534efc96cefeaac15d4
f8b6ea7801a.
“DeMint on Law of the Sea Treaty: Part 1,” SenJimDeMint, accessed November 15, 2010, http://www.youtube.com/watch?v=OGr1zJfZhlo.
“Law of the Sea Treaty Hurts American Sovereignty,” Ed Meese – Centre for Legal and Judicial Studies, accessed November 29, 2010, http://www.youtube.com/watch?v=D5Y24goa6o4.
• .
“Peru takes Child to UN World Court over Maritime Dispute,” UN News Centre, accessed November 29, 2010, http://www.un.org/apps/news/story.asp?NewsID=25314&Cr=ICJ&Cr1.
“Chilean Military Exercises Irritate Peru,” The Peruvian Times, accessed December 4, 2010, http://www.peruviantimes.com/chile-military-exercises-irritate-peru/204059
“Statement by the delegation of Peru,” UN Conference on the Law of the Sea, accessed December 4, 2010, http://untreaty.un.org/cod/diplomaticconferences/lawofthesea-
1982/docs/vol_XIII/a_conf-62_ws_6.pdf
“China Tells US: Turn around USS George Washington,” The Business Insider, accessed November 29, 2010, http://www.businessinsider.com/china-us-korea-war-drill-2010-11.
“United Nations Convention on the Law of the Sea Montego Bay, 10 December 1982,” Audiovisual Library of International Law - Tullio Treves, accessed November 20th
2010, http://untreaty.un.org/cod/avl/ha/uncls/uncls.html.
Introduction: Perspective on the History of U.S. Non-Ratification of the U.N. Convention on the Law of the Sea, and on the Prospects for an Early Reversal,” Harry N. Scheiber, accessed November
29, 2010, http://www.boalt.org/bjil/docs/Publicist01-Scheiber.pdf.

26. Photo and Video Credits
“Deep Ocean,” Stock Videos, http://www.istockphoto.com/video.
“Blood,” Stock Videos, “Deep Ocean,” Stock Videos, http://www.istockphoto.com/video.
“First Session,” Audio Visual Library of International Law, http://untreaty.un.org/cod/avl/ha/uncls/uncls_photo.html.
“Developing and Developed Nations, Wikipedia, http://en.wikipedia.org/wiki/Developing_country.
“Amerasinghe Address,” Audio Visual Library of International Law (screen print of video), http://untreaty.un.org/cod/avl/ha/uncls/uncls_photo.html.
“Rich and Poor,” Stock Images, Stockimages.com
“Enlightened Sea,” Stock Images, stockimages.com.
“World map,” Earth Encyclopedia, http://www.eoearth.org/article/United_Nations_Convention_on_Law_of_the_Sea_(UNCLOS),_1982#endnote_137.
Manganese Nodule, Google Images, http://www.bgr.bund.de/nn_336668/EN/Themen/MeerPolar/Meeresforschung/Bilder/tiefseebergbau__Mn-Knolle__g__en.html.
“Seabed Technology,” International Seabed Authority, http://www.isa.org.jm/files/documents/EN/Brochures/ENG10.pdf
“Caracas,” Stock Images, Stockimages.com
“Cannon,” tv tropes, http://tvtropes.org/pmwiki/pmwiki.php/Main/Canon.
“De Mint on the Law of the Sea,” YouTube, http://www.youtube.com/watch?v=OGr1zJfZhlo.
“Pollution,” World Press, feww.wordpress.com
“Taxation,” My Window Izhar Cohen, izharcohen.wordpress.com.
“Immigration,” Immigration DNA Testing, immigrationdnatesting.us.
“The Area,” Wikipedia, http://en.wikipedia.org/wiki/United_Nations_Convention_on_the_Law_of_the_Sea.
“Marine Boundaries,” Wikipedia, http://en.wikipedia.org/wiki/United_Nations_Convention_on_the_Law_of_the_Sea.
“Space Images,” NASA, http://www.nasa.gov/

27. Appendix 1: UNCLOS III Signatories
Developing Countries All Countries
149 Estonia (26 August 2005) 161 Malawi (28 September 2010 )
1 Fiji (10 December 1982) 160 Chad (14 August 2009)
41 Oman (17 August 1989) 159 Dominican Republic (10 July 2009)
12 Gambia (22 May 1984) 158 Switzerland (1 May 2009)
6 Ghana (7 June 1983) 157 Liberia (25 September 2008)
45 Grenada (25 April 1991) 156 Congo (9 July 2008)
112 Guatemala (11 February 1997) 155 Lesotho (31 May 2007)
59 Guyana (16 November 1993) 154 Morocco (31 May 2007)
104 Haiti (31 July 1996) 153 Republic of Moldova (6 February 2007)
57 Honduras (5 October 1993) 152 Montenegro (23 October 2006)
138 Hungary (5 February 2002) 151 Niue (11 October 2006)
88 Saudi Arabia (24 April 1996) 150 Belarus (30 August 2006)
26 Indonesia (3 February 1986) 149 Estonia (26 August 2005)
22 Iraq (30 July 1985) 148 Burkina Faso (25 January 2005)
4 Jamaica (21 March 1983) 147 Latvia (23 December 2004)
81 Jordan (27 November 1995) 146 Denmark (16 November 2004)
39 Kenya (2 March 1989) 145 Lithuania (12 November 2003)
142 Kiribati (24 February 2003) 144 Canada (7 November 2003)
147 Latvia (23 December 2004) 143 Albania (23 June 2003)
70 Lebanon (5 January 1995) 142 Kiribati (24 February 2003)
155 Lesotho (31 May 2007) 141 Tuvalu (9 December 2002)
Double Click on Object for full list (this Double Click on Object for full list (this
must be done outside of presentation must be done outside of presentation
mode) mode)
Back Back

28. Appendix 2

29. Appendix 3: The Mining Paradox
Is mining beneficial to the economies of developed Nations? Mines
do create jobs, but these jobs are temporary in nature as a mines
resources are limited. Tertiary functions such as processing, R&D
and manufacturing are often outsources. In reality, mines create
unskilled, low paying jobs. Poor miners cannot afford, do not have
access to, or use not the products of their labor. Miners pay last
only as long as the mines resources. Multinational reinvest their
paycheck into new ventures. Their wealth creates wealth - at the
expense of the developing nations economy and environment.
Failure to reinvest in the source of wealth causes imbalances and is
unsustainable. Although sea based mining would temporarily shock
the economy of a mining dependant developing Nation it could be
said that this shock would inevitably occur. Thus sea based mining
could, at least, save these regions from the environmental damage
caused by mining.

30. Appendix 4: Submissions, through the Secretary-General of the United Nations, to the Commission on the
Limits of the Continental Shelf, pursuant to article 76, paragraph 8, of the United Nations Convention on the
Law of the Sea of 10 December 1982
Date of Presentation Subcommission Recommendation
Submission by [State]
submission to the CLCS* established s adopted on
1 Russian Federation 20-Dec-01 See CLCS/32 See CLCS/32 27-Jun-02
2 Brazil 17-May-04 See CLCS/32 See CLCS/32 04-Apr-07
3 Australia 15-Nov-04 See CLCS/44 See CLCS/44 09-Apr-08
4 Ireland - Porcupine Abyssal Plain 25-May-05 See CLCS/48 See CLCS/48 05-Apr-07
5 New Zealand 19-Apr-06 See CLCS/52 See CLCS/52 22-Aug-08
Joint submission by France, Ireland, Spain and the United Kingdom of Great Britain and Northern Ireland -
6 19-May-06 See CLCS/52 See CLCS/52 24-Mar-09
in the area of the Celtic Sea and the Bay of Biscay
7 Norway - in the North East Atlantic and the Arctic 27-Nov-06 See CLCS/54 See CLCS/54 27-Mar-09
8 France - in respect of the areas of French Guiana and New Caledonia 22-May-07 See CLCS/56 See CLCS/56 02-Sep-09
9 Mexico - in respect of the western polygon in the Gulf of Mexico 13-Dec-07 See CLCS/58 See CLCS/58 31-Mar-09
10 Barbados 08-May-08 See CLCS/60 See CLCS/62 15-Apr-10
11 United Kingdom of Great Britain and Northern Ireland - Ascension Island 09-May-08 See CLCS/60 See CLCS/62 15-Apr-10
12 Indonesia - North West of Sumatra Island 16-Jun-08 See CLCS/62 See CLCS/62
13 Japan 12-Nov-08 See CLCS/62 See CLCS/64
Joint submission by the Republic of Mauritius and the Republic of Seychelles - in the region of the
14 01-Dec-08 See CLCS/62 See CLCS/66
Mascarene Plateau
15 Suriname 05-Dec-08 See CLCS/64 See CLCS/66
16 Myanmar 16-Dec-08 See CLCS/64
17 France - areas of the French Antilles and the Kerguelen Islands 05-Feb-09 See CLCS/66 See CLCS/68
18 Yemen - in respect of south east of Socotra Island 20-Mar-09 See CLCS/68
19 United Kingdom of Great Britain and Northern Ireland - in respect of Hatton Rockall Area 31-Mar-09 See CLCS/64
Double click on the graph then hyperlink to individual agreements by selecting
country name (in red).

31. Appendix 5: Seabed Technology
Double Click Document

32. Appendix 6: Manganese Nodules
Back

33. Appendix: 7
More on the ISA
The International Seabed Authority has the power to
tax through
• Application fees ($250,000)
• Royalties (Annex, Section 8)
The Authority may also require technology details from
applicants which it may then share with applicants
from other nations.
The treaty creates a business called “the
Enterprise”, subsidized by assessments from member
nations, the Enterprise competes with nations and
businesses that wish to mine the seabed. (Article
58(2), 170 -173, Annex IV)