September 23, 1974
Page 32074
SENATOR CASE URGES SECRETARY KISSINGER TO TAKE PERSONAL COMMAND OF LAW OF THE SEA NEGOTIATIONS
Mr. MUSKIE. Mr. President, more than two-thirds of the face of this Earth is covered by oceans. This is an area where until recently claims of national jurisdiction have been limited to narrow margins bordering coastal States.
But steadily improving technology is putting the riches of the oceans increasingly within the reach of man. As a result, there is a growing number of conflicts among nations about their rights and responsibilities in regard to ocean resources.
This serious problem is the subject of an International Law of the Sea Conference involving almost all of the nations of the world. In August, along with my colleagues Senators STEVENS, PELL, BUCKLEY, and CASE, I attended sessions of the conference which were being held in Caracas.
As a result of what he saw in Caracas, Senator CASE has written to Secretary of State Kissinger, outlining the importance of the conference and urging that the Secretary take personal command of the negotiations. I think it is a very constructive and timely proposal, and I join with the Senator in his recognition of the urgency of this matter.
Mr. President, I ask unanimous consent that Senator CASE's letter be printed in the RECORD.
There being no objection, the letter was ordered to be printed in the RECORD, as follows:
SEPTEMBER 19, 1974.
DEAR MR. SECRETARY: The nations of the world have a rare opportunity to establish an international law of the sea to govern their conduct in an area that covers two-thirds of the earth.
Potential for saving human lives and for improving the quality of life on this earth is tremendous. This is true both in terms of avoidance of wars and in terms of reduced need for preparations for war and the freeing of our resources to meet the human and social needs of all people. It is true in terms of the conservation of the resources of the ocean for the benefit of our own and future generations and of the equitable exploitation of the ocean's resources in the general interest of all peoples.
As you know, I attended part of the recent negotiations on the Law of the Sea at Caracas. I have the greatest respect for the delegates to that conference, particularly our own, worked diligently and effectively to lay the groundwork for a final agreement. I believe real progress was made and that we may be not too far from an agreement with most nations. But the last mile is going to be a long one.
In my view, the delegates at Caracas have gone about as far as they can in the development of a technical and non-political base for a final agreement. I believe it is now time that this whole matter has to be taken up among the heads of state, or at least at the ministerial level. It cannot be left to those of lower rank because the questions that are holding up the agreement cannot be settled as technical matters. They require compromises and trade-offs that can only be negotiated at the political level.
Lack of an international agreement specifying the rights and responsibilities of all nations in regard to the oceans is creating increasing tensions and pressure on all nations, including the United States, to take unilateral actions to protect their individual national interests. Scattered actions have been taken already in response to this pressure. And this is understandable. National interests must be protected by the individual nations if they cannot be protected by international agreement. For one example, our own coastal fishermen are being threatened with the loss of their livelihood by unrestrained fishing off our coasts by foreign fleets with modern equipment that enables them to harvest fish stocks faster than they can be replenished.
If this becomes the general pattern, the opportunity to reach an international agreement may soon disappear. There appeared to be a consensus at Caracas that an international agreement on the oceans might not be reached at all if it were not concluded during 1976.
This makes the negotiations to be conducted in Geneva beginning in March extremely important, perhaps as important as any other negotiations in our lifetime. All delegations to that conference must be prepared to reach an agreement at that time. We cannot afford to look beyond Geneva toward another conference to reach a final agreement.
Therefore, I urge that you take personal command of the negotiations as well as the current bilateral discussions with other nations in preparation for the Geneva session.
In addition, I urge that those who work with you in these efforts carry the rank of ambassador so that other nations recognize the importance we attach to these negotiations and have trust and confidence of the capacity of our representatives to make political decisions when necessary.
I would appreciate your comments on this matter.
Sincerely,
CLIFFORD P. CASE
U.S. Senator.