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47. Id. (Judge Eisele's emphasis.)

the. See, Mishan, Supra note 10./476. See Hanks & Hanks, supra note 13, at 264. for an analysis of this hypothetical problem.

48.

49.

50.

51.

52.

53.

See, supra note 3.

Committee for Nuclear Responsibility v. Seaborg, 3 ERC 1126 (D.C. Cir. 1971).
Id. at 1128.

For the connotation and significance of Professor Jaffe's development of
the term "interests" in the context of "standing" in environmental liti-
gation in federal courts see Goldie, "Impact Reports: A Domestic Law
Analogy for International Legislation, 1 SYRACUSE . INT'L L. & COMMERCE
39 (1972).

3 U.N. GAOR 1, 71, U.S. Doc. A/810 (1948). See also International Covenant
on Civil and Political Rights, art. 6. 1, Annex to G.A. Res. 220 (XXI),
61 AM 1. INT'L L. 861, 863 (1967).

MERO, MINERAL RESOURCES OF THE SEA 275, 280 (1965). See also Mero, Review
of Mineral Values On and Under the Ocean Floor, in EXPLOITING THE OCEAN 61
(Transactions of the Second Annual Marine Technology Society Conference and
Exhibit, Washington, June 27-29, 1966 (hereinafter cited as "Mero, Mineral
Values"]; COMMISSION ON MARINE SCIENCE, ENGINEERING AND RESOURCES, OUR NATION
AND THE SEA 130-35 (1969) (hereinafter cited as "OUR NATION AND THE SEA"],

and the Commission's "Panel Reports" 1.e. 1 PANEL REPORTS (1) 32, 3 PANEL

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REPORTS (VIII) 106-07; and TROEBST, CONQUEST OF THE SEA 180-93 (1962).

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55.

56.

57.

58.

59.

60.

See 2 PANEL REPORTS (VI) 186; see also id. at (V) 184-85.

Technology has not, as yet, put such a process into operation. All benefication

or refining processes in operation at present and for the foreseeable future

are land-based--being located on shore at a convenient distance from the

seabed mine site.

But see 2 PANEL REPORTS (VI) 188 where the following recommendation was made:

Research on the problem of waste disposal.

[U]nwise dumping

of the tailings, if not carefully planned, could quickly foul a
mining operation. Furthermore, the compatability of a marine
mining operation with exploitation of the other resources of the
sea, particularly the food resources, will depend principally on
the effectiveness of the tailings-disposal system.

See, supra note 2, and the text accompanying that, footnoté.

See, however Mining Industry Association (Germany), Industrial Assoication
for Marine Technology (Germany), and German National Assoication of
Industry, Marine Mining and International Law Problems Relating to the
Extraction of Marine Mineral Resource, From the Viewpoint of the
German Industry 16 (Mimeo. Spring 1972) [hereinafter "Viewpoint of the
German Industry"] where the following statement is made:

The extraction of mineral resources entails the stirring up of the
seabed. But this is not likely to cause any permanent impairment
of the marine environment. Whether and to what extent partial
dressing of the minerals on the equipment platforms will involve
the use of chemicals which could result in pollution of the sea
if discharged into it, cannot be foreseen at the present time.
Contrast the testimony offered by Dr. Roels to the Subcommittee on
Oceanography of the House Committee on Merchant Marine and Fisheries,
supra note 1. See also the quotation, supra, accompanying footnote 2,
and Viewpoint of the German Industry 44-46.

See the quotation from Dr. Roels's testimony on May 12, 1972 before the Subcommittee on Oceanography of the House Committee on Merchant Marine and Fisheries, supra note 2, and the accompanying text.

61.

See testimony of Dr. Roels, Hearings on Oceanography Miscellaneous, supra note 2, at 138.

62. SENATE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS & HOUSE COMMITTEE ON

SCIENCE AND ASTRONAUTICS.

90th Cong., 2d Sess., CONGRESSIONAL WHITE PAPER

ON A NATIONAL POLICY FOR THE ENVIRONMENT (1968).

63. Id. at 2.

64.

On the meaning of the term "source of law' see, e.g., 1.
INTERNATIONAL LAW 24-25 (8th ed. Lauterpacht 1955).

OPPENHEIM,

65. See, e.g., the use of equity by Judge Hudson in Diversion of the Waters from the River Meuse, [1937] P.C.I.J. Ser. A/B. No. 70, at 76-79, and

66.

the relevance of equitable reliance in connection with the "Ihlen Declaration" in the Status of Eastern Greenland Case, [1933] P.C.I.J. Ser. A/B No. 53 at 69-73. INSTITUTES 4.3; LAWSON, NEGLIGENCE IN CIVIL LAW 80-137 (1950); LAFONTAINE,

PASICRISIS INTERNATIONALE 364; LAUTERPACHT, THE FUNCTION OF LAW IN THE

INTERNATIONAL COMMUNITY 117-18 (1933).

67. [1927] P.C.I.J. Ser. A, No. 9 at 21.

68.

69.

See JOLOWICZ, HISTORICAL INTRODUCTION TO ROMAN LAW 289 (1932).

On the reception of the Lex Aquilia in international law see, generally 3.WHITEMAN, DAMAGES IN INTERNATIONAL LAW 838-39 (1943), See also 2 LD,

LD. 1529-49(1937).

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72. See, Hearings on Oceanography Miscellaneous, at 124-28.

73. See quotation, supra, accompanying footnote 2.

74.

For a collection of the draft treaties and proposals submitted to the Committee
on the Peaceful Uses of the Seabed and Ocean Floor Beyond the Limits of

National Jurisdiction of the United Nations General Assembly see United Nations
Secretariat, Comparative Table of Draft Treaties, Working Papers and Draft

Articles, U. N. Doc. A/AC. 138/L.10 (mimeo. Jan. 28, 1972).

15. See, OUR NATION AND THE SEA, supra note 53, at 147-51.

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Senator METCALF. This committee has been holding hearings and yesterday I said we were going to again recall the witnesses from the State Department and from the Department of Interior, and others who are going to attend the Law of the Sea Conference when we return from the August recess. We will ask them how they are getting along with their work and we will welcome any advice from

anyone.

The next witness has filed a statement which reminds me of an old cliche that we learned, I think, in the first year of law school. When the law is against you, hammer home the facts and when the facts are against you, hammer home the law, and when they are both against you, attack the other counsellor. However, I was never advised that when the law is against you and the facts are against you, attack the judge or the jury. And this, Dr. Stone, has chosen to do in his statement, which is a rather vitriolic attack on the sponsor of this legislation, rather than a statement of fact of law.

Dr. Stone has asked that the FAS newsletter on this be incorporated as part of this record, and without objection it will be so incorporated.

I have read Dr. Stone's statement. I have talked to him. I see no point in sitting at this hour through an attack on this Senator instead of a constructive and rational approach to the law. His statement will be incorporated in the record as if read and recome a part of this testimony for what it's worth.

[The statement and newsletter of Dr. Stone follow:]

Dr. Philip Morrison

Chairman

"Christian B. Anfinsen
Vice-Chairman

Herbert Scoville, Jr.
Secretary

Herbert F. York

Treasurer

National Council Members

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FEDERATION OF AMERICAN SCIENTISTS
203 C Street, N.E. • Washington, D. C. 20002⚫ Code (202) 546-3300

TESTIMONY OF

THE FEDERATION OF AMERICAN SCIENTISTS

Dr. Jeremy J. Stone
Director

June 19, 1973

BEFORE THE MINERALS, MATERIALS, FUELS AND MINING
SUBCOMMITTEE OF COMMITTEE ON

INTERIOR AND INSULAR AFFAIRS, U.S. SENATE

ON S.1134 PRESENTED BY JEREMY J. STONE, DIRECTOR

We wish to thank the Subcommittee and the Chairman for the opportunity to appear today and to express our view on S.1134. Some preliminary remarks may be in order describing our organization, and

our interest and concern in this bill.

The Federation of American Scientists is a unique organization.
It is a scientific society which is licensed, under the tax laws,

to lobby in the public interest. This charter was provided FAS
twenty seven years ago when it first sought to ensure civilian control
of atomic energy through the creation of the Atomic Energy Commission
(AEC). We know of no comparable group. FAS is supported by member-
ship dues and is beholden to ao other organization or vested interest.
Today FAS represents 6,000 scientists, more than 30 vinners of the
Nobel Prize (America has only about 70 such persons living) and many

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former Government officials of very high rank. FAS is democratically
organized and makes its decisions through an elected Council and an
executive committee.

Our national office first became aware of S.1134 earlier in the

year. Some of our members characterized the bill in dramatic and
condemnatory terms as an industrial steal, and as an effort to dis-
rupt the U.N. Law of the Sea Conference. In view of their concern,

we investigated the matter and prepared a special April issue of the

FAS Newsletter on the Law of the Sea. If the Chairman please, I

request having the Committee record show, at this point, certain relevant parts of the FAS Newsletter, which I will then refer to in order to save the Subcommittee's time.

The Federation of American Scientists (FAS) was founded in 1946 as a non-profit civic organization and has a charter that provides for all natural and social scientists and engineers; FAS superseded the then-existing Federation of Atomic Scientists.

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