MINERAL RESOURCES OF THE DEEP SEABED TUESDAY, JUNE 19, 1973 U.S. SENATE, SUBCOMMITTEE ON MINERALS, MATERIALS AND FUELS Washington, D.C. The subcommittee met, pursuant to notice, at 2 p.m., in room 3110, Dirksen Office Building, Hon. Lee Metcalf, presiding. Present. Senators Metcalf [presiding] and Buckley. Also present: Jerry T. Verkler, staff director; William J. Van Ness, chief counsel; Mike Harvey, special counsel; Harrison Loesch, minority counsel; Merrill W. Englund, special committee assistant for Outer Continental Shelf; and David P. Stang, deputy director, national fuels and energy study. Senator METCALF. The subcommittee will be in order. OPENING STATEMENT OF HON. LEE METCALF, A U.S. SENATOR FROM THE STATE OF MONTANA I want to welcome the witnesses today to what has been referred to as Internationalist Day, or S. 1134, The Deep Seabed Hard Mineral Resources Act. I want to thank all the witnesses this week and at one of our hearings last week for coming in the afternoon. It had been my hope that I would give up my hearing dates in the morning and get a mark-up of our surface mining or strip mining bill. That wasn't possible, but at least we have had good participation in these afternoon sessions, and I am very grateful to all the witnesses for their appearances and attendance. At the outset, neither International Law nor treaty limits the freedom to mine the deep seabed. Deep seabed mining technology is advancing. It moves forward regardless of what goes on in the United Nations or in the Congress. Ideally seabed mining should commence under the auspices of an international regime. But it may take years to achieve international agreement. During the interim, I feel that it is the responsibility of those few governments whose nationals have the money, technology, and the will to mine the deep seabed-to regulate exploration and development by their nations. One of my concerns is that, in the absence of either an international regime or statute, technology will lead us to a new lawless frontier. As you know, S. 1134 was drafted by the American Mining Congress at my invitation during hearings of the Special Subcommittee on the Outer Continental Shelf. It is the only piece of legislation on this subject before this committee. I am not committed to this particular bill, nor to any part of it. The purpose of these hearings is to expose this bill to the full debate needed to assess its strengths and its weaknesses. Members of this committee have read with interest the testimony of Dr. Logue and Mr. Levering before the Oceanography SubcomImittee on the House Committee on Merchant Marine and Fisheries Committee in March. We have read the Save Our Seas newsletter. I am delighted that you use that "S.O.S." A few years ago I came up with a program trying to save our streams and had a long controversy with the highway builders and so forth on that same title, "S.O.S.," so that international symbol of distress is valuable in many of our areas. We have exchanged correspondence, and words, with Dr. Stone and have read the material on S. 1134 published by the Federation of American Scientists. So, I hope today that you will share with us such information that has not previously been made available to Members of Congress concerned as you with an interim policy which will place reasonable restraints on U.S. nationals as they seek to harvest the needed mineral resources of the deep seabed. I also hope that as you have statistics or studies to back up your statements, you will share them with this committee which shares your concern about seabed mining. And, of course, as you have suggestions for amendments to this bill or any other bill or any other legislative proposals of your own, we want them. The first witness this mrning will be Dr. John Logue, executive director of World Order Research Institute, Villanova University, in behalf of the World Federalists. Dr. Logue, I have read your testimony. It is excellent. Since I am the only member here, if you will summarize, your complete testimony will be incorporated in the record as if read. We are delighted to have you here. STATEMENT OF DR. JOHN J. LOGUE, DIRECTOR, WORLD ORDER RESEARCH INSTITUTE, VILLANOVA UNIVERSITY, FOR WORLD FEDERALISTS, USA Dr. LOGUE. My name is Dr. John J. Logue, I am the director of the World Order Research Institute of Villanova University. Today I am testifying against S. 1134, the Deep Seabed Hard Mineral Resources bill, on behalf of World Federalists, USA. I am currently serving as Ocean task force chairman of that American citizen organization. World Federalists USA is dedicated to the achievement of a world of peace and justice under law. It supports all sound international initiatives, especially those under U.S. auspices. It seeks to give the United Nations the power to make, interpret and enforce world law. Now, in its 27th year, World Federalists USA has worked long and hard to replace the anarchy of the present system of international politics with a system of law and justice. I am sure that most of you are aware that two United States Senators have served as president of the World Federalists, Senator Alan Cranston of California, and former Senator Joseph S. Clark of Pennsylvania. The organization's present president is Dr. Luther Evans, former Librarian of Congress and former Director General of UNESCO. As to my own background: I have been following the ocean question for several years now. My researches have taken me to meetings of the United Nations Seabed Committee in New York and in Geneva. I have talked with members of the Seabed Committee and other ocean policymakers from at least 50 nations, sometimes in connection with Seabed Committee meetings, sometimes at conferences and sometimes in their national capitals. In Iceland, this past January, in Denmark and in a number of other countries. I would like to give you, Mr. Chairman, these copies of my recent book, "The Fate of the Ocean," for your committee members. If you care to make use of them you might find it useful. Senator METCALF. We would be delighted to have them. I think they are rather too comprehensive for inclusion in the record. Do you want us to have them digested, or would you want to excerpt certain parts for the record? Dr. LOGUE. Yes, if that would be permissible. Senator METCALF. Would you do that? We feel that one of the responsibilities of this committee and one of the responsibilities of congressional hearings at times are to provide a text book on both sides of these questions and if you don't mind, would you suggest that certain pertinent testimony be excerpted from your book and it will be incorporated in the record. Dr. LOGUE. Thank you sir. [The material submitted by Dr. Logue follows:] Hon. LEE METCALF, VILLANOVA UNIVERSITY, Villanova, Pa., June 27, 1973. Chairman, Subcommitte on Minerals, Materials and Fuels, Senate Office Building, Washington, D.C. DEAR SENATOR METCALF: I am enclosing as you suggested at my June 19th testimony before your committee some material to be used in the printed record of the hearing. 1. My introduction "The Trillion Dollar Opportunity" to my book "The Fate of the Oceans." 2. The ocean policy statement of World Federalists USA National Executive Council passed on June 10, 1973 in Washington. I would very much appreciate your adding them to the printed hearing record. Thank you again for your great courtesy to me during my testimony. Good luck with your very important work. Sincerely, Enclosures. JOHN J. LOGUE, Director and Associate Professor of Political Science. THIS STATEMENT WAS ADOPTED BY THE NATIONAL COUNCIL OF WORLD FEDERALISTS U.S.A. ON JUNE 10, 1973, IN WASHINGTON, D.C. World Federalists, U.S.A. believes that a strong United Nations regime for the oceans can and should play a central role in a strategy to build world peace through world law. Properly conceived, such a regime can help to promote eco logical sanity, bridge the development gap and strengthen the United Nations itself. In our view it is time for individuals, organizations and governments to speak up for a bold and generous ocean agreement and to condemn overly nationalist approaches to the ocean question. We are alarmed at the apparent triumph of narrow national interests in the deliberations of the United Nations Seabed Committee. The current debates of that committee suggest that it is retreating from its vision that a very large portion of the oceans should be regarded as "the common heritage of mankind." Coastal states are claiming more and more of the seabed adjacent to their shores and developed countries are threatening to exploit the deep seabed in spite of the United Nations General Assembly's moratorium forbidding such exploitation. We believe that the oceans of the world are in danger from pollution, from senseless overfishing and especially from increasing national rivalry and acquisitiveness. Because of the immediacy of the ocean problem we urge the forthcoming United Nations Conference on the Law of the Sea to take its inspiration from the proposition that the oceans are the common heritage of mankind and their resources and wealth belong to the peoples of the world. It should also reflect the proposition that the seas, occupying some seventy percent of the earth's surface, are an indivisible and fragile ecological whole. Meanwhile, we urge all nations to abide by the UN moratorium on exploitation of deep seabed hard minerals. We believe that with the proper spirit the Law of the Sea Conference can set a most useful example of international cooperation which can serve as an inspiration and guide to other pressing international problems. We take as our guide the historic and unanimous United Nations Declaration on the Seabed of December 1970 which we endorse. More specifically we urge that for the protection of the environment, the marine food chain, rights of navigation, the rational exploration of the seabed and peaceful relations between all users of the world's waters, the United Nations should establish a regime to control the use of the seabed and the waters beyond the limits of national jurisdiction. We agree with Secretary-General Waldheim's view, expressed when representing Austria in the General Assembly, that the maximum possible area of the seabed should be reserved for international jurisdiction. The United Nations should ensure the development and protection of the oceans as the common heritage of mankind. A substantial portion of the revenues from the exploitation of the resources of the seabed should accrue to budgetary and economic development needs of the United Nations. For these purposes, it is necessary to specify a form of organization with effective jurisdiction, and to specify its relationship to the other organs of the United Nations system. We urge an ocean system, to include all nations, which will: 1. Establish a comprehensive ocean regime, based on an equitable representation system, with the power to supervise the development and use of the resources of a large international seabed area and to lead the fight to protect the ocean environment. In our view, the international seabed area (under the sole jurisdiction of the international regime) should be as large as possible, extending in to as close to the 200-meter depth line as possible with, however, some "distance provision", e.g. 40 miles, for countries which, in effect, have no continental shelves. However, if an intermediate "economic zone" or "patrimonial sea" is established between the national territorial sea and the proposed international area, the coastal state should share jurisdiction within that area with the international ocean authority in order to ensure that the principles that follow are maintained. and especially the principle that a substantial share of revenues from this intermediate zone must go to the international regime. 2. Provide substantial revenues from ocean resources for the direct use of the United Nations and its agencies and especially for aid to developing countries, particularly those which are landlocked. 3. Provide a stable and equitable system permitting the profitable exploration and exploitation of the wealth of the seabed and the waters above. 4. Aid developing nations to learn and make use of ocean technologies. 5. Protect the interests of those nations whose economies are threatened by distant-water fishing states or by the exploitation of seabed materials which compete with their own land-based products. 6. Carry out research, make inventories and regulate fisheries to ensure that fishing is limited to maximum sustainable yields, and to investigate the possibility of exploiting hitherto unused sources of marine protein. 7. Ensure freedom of the seas and the air space above, including narrow straits, for navigation, transportation for peaceful purposes, communication and scientific research. 8. The ocean regime should have the authority, if it wishes to use it, to explore and and exploit the international seabed area, with the understanding that that authority is not exclusive and that the regime will provide for the licensing of government and private corporations, whether national or multi-national, to explore and exploit the international area. 9. Encourage ocean consciousness and activity among all appropriate citizen, industrial and governmental bodies and in regional, transnational and international groups, whether governmental or private. 10. The international regime should give leadership to the fight against pollution of the sea by devising and promoting the adoption and enforcement of international standards for the regulation of pollution. In the case of pollution and other problem areas the ocean regime should work in close cooperation with existing United Nations agencies such as the United Nations Environment Program, the Intergovernmental Marine Consultative Organization and the Intergovernmental Oceanographic Commission. |