SPS International Agreements - Detailed

In passing it should be noted that there are very similar legal problems confronting negotiations on both outer space and ocean problems. On December 17, 1970, the General Assembly adopted a Declaration of Principles on the ocean which provided in part: 1. The sea-bed and ocean floor, and the subsoil thereof, beyond the limits of national jurisdiction (hereinafter referred to as the area), as well as the resources of the area, are the common heritage of mankind. 2. The area shall not be subject to appropriation by any means by States or persons, natural or juridical, and no State shall claim or exercise sovereignty or sovereign rights over any part thereof J 5 The first paragraph of Resolution 2749 is for all intents and purposes identical with the most recent Austrian Moon draft Article 11, paragraph 1. The second paragraph of Resolution 2749, although somewhat different in wording than Article 2 of the 1967 Principles Treaty, conveys essentially the same restrictions upon the claim or exercise of sovereignty. Not only is the language of the two documents essentially identical, but the competing interests on the part of States for the exploration and use of the areas, including their resources, are essentially parallel. Hence, the discussions in COPUOS have been carefully observed by the law of the sea negotiators, and vice versa. Such negotiations at the law of the sea conference have been very materially influenced by positions taken by representatives of the LDCs. They also perceive that they have or may have much to gain from the final agreement relating to the use and distribution of Moon resources. Difficulties in each of the forums have proven to be self-reinforcing. It should also be noted that COPUOS negotiations on Moon resources have affected discussions of the boundary General Assembly Resolution 2749 (XXV).

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