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4 Nat. Resources L. Newsl. 1 (1970-1971)

handle is hein.journals/trends4 and id is 1 raw text is: I4 a c 0 i I SEABED MINERALS POLICY STATED BY ELY On September 22, 1970, the ABA's position and that of the Section on seabed minerals policy was presented to the Senate Interior and Insular Affairs Committee's Subcommittee on Minerals, Materials, and Fuels, by Northcutt Ely, Vice-Chairman of the Section. He appeared by invitation of the committee. The occasion for the hearing was consideration of the draft treaty on seabed resources which the State Department submitted as a working paper to the United Nations Seabed Committee at Geneva, August 3, 1970. Mr. Ely told the committee that there is a fundamental difference between the policy expressed in the proposed seabed treaty and that expressed in the Resolution of the House of Delegates (1968, No. 73) and the Bar Association Committees. He called the Committee's particular attention to the assertion in the ABA Resolution that within the area of exclusive sovereign rights adjacent to the United States, the interests of the United States in the natural resources of the submarine areas be protected to the full extent permitted by the 1958 Convention on the Continental Shelf. He said that, by contrast, the draft treaty proposes that the United States renounce these rights, seaward of the 200-meter depth line, to a new International Seabed Resources Authority, and receive back a new status as a Trustee of the area between the 200-meter isobath and the seaward edge of the continental margin. Hereafter, if this treaty ever takes effect, such powers as Congress may have in this Trusteeship Area will come to it by delegation from the international community, spelled out in a treaty. Congress becomes merely a trustee of lands which are the 'common heritage of mankind,' (Art. 1) and the United States 'shall have no greater rights in the International Trusteeship Area off its coast than any other Contracting Party,' except as the treaty may specifically provide (Art. 27). (continued on page 4) NOTE Even if you are already a member of a Section Committee, please complete and return the Committee Preference Indicator in this issue. The committees will be newly formed on this basis. ANNUAL MEETING HIGHLIGHTS This year the Section jointly sponsored two programs with other sections, both dealing with environmental matters, featuring prominent speakers. On August 11 we joined with the Section of International and Comparative Law in a panel presentation on problems of environmental quality and population control. Our Section and the Section of Local Government Law also presented a program on Local and National Environmental Control. The Section is most appreciative to Program Chairman William H. Holloway for assembling this informative and entertaining program which further contributed to the leadership of the Section in the field of environmental law. The Council of the Section at its meeting on August 9, 1970 adopted the Report of a Special Committee under the Chairmanship of William C. Perry, which was formed to study the structure and activities of the Section's General Committees. Major features of the Special Committee's Report included recommendations that (1) committee membership be open to all members of the Section upon request, (2) primary responsibility for Section-sponsored ABA National Institutes be assigned to the General Committees of the Section, and (3) the General Committees be responsible for the preparation of an annual survey article for publication in the Natural Resources Lawyer summarizing major legal developments in the Committees' primary area of interest. Plans for Section sponsorship of two ABA National Institutes in 1971 were also approved by the Council. These Institutes will deal with the Law of the Sea (scheduled for Houston, Texas in April, 1971 in conjunction with the AIME Offshore Technology Conference) and Environmental Quality (tentatively scheduled for Washington, D.C. in the late Spring of 1971.) Membership Chairman Burns Errebo reported that Section membership had grown to 2,590, representing a net increase of 187 new members over last year. Chairman-Elect Joe P. Hammond assumed responsibility as Editor-In-Chief of the Natural Resources Lawyer for the forthcoming year. At the General Membership Meeting on August 9, 1970 a resolution was adopted to amend the Section by-laws to provide for the automatic election of the Vice-Chairman to the office of Chairman-Elect at the close of the respective terms of office. Such amendment assures continuity in the editorship of the Natural Resources Lawyer.

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